c 2002 Wei! Publishing for the State of Colorado 25 CR 12, 12-02 Page 109 

All Rights Reserved 

PARTC 

CONCERNING OPERATING PERMITS 

I. APPLICABILITY 

The provisions ofthis Regulation No.3, Part C shall apply statewide to all sources of 

air pollutants that are required to obtain an operating permit as specified in section II. 

The provisions ofthis Part C shall also apply, except as otherwise provided herein, to 

those minor sources of air pollutants that voluntarily choose to obtain an operating 

permit. 

II. GENERAL REQUIREMENTS FOR OPERATING PERMITS 

II.A General Considerations 

II.AI. Except where specifically authorized by the terms ofthis Regulation No.3, Part C, no 

person shall operate any ofthe following sources without first obtaining an operating 

permit in accordance with the provisions ofthis regulation. 

II.AI.a. 	 Any affected source; 

II.Al.b. 	 Any major source; with the exception ofthose sources that would be major 

based only on total suspended particulates emissions 

II.AI.c. 	 Any source required to have a permit pursuant to the prevention of significant 

deterioration program ofPart C, Title I, of the Federal Act; 

II.AI.d. 	 Any source required to have a permit pursuant to the program for the 

attainment and maintenance ofnational ambient air quality standards or Part 

D, ofTitle I, ofthe Federal Act; and 

II.AI.e. 	 Any solid waste incineration unit that is a distinct operating unit of any 

facility that combusts any solid waste material from commercial or industrial 

establishments or the general public (including single residences, hotels, and 

motels). Such term does not include: (1) incinerators or other units required to 

have a permit under United States Code Title, 42, Section 6925 ofthe Solid 

Waste Disposal Act; (2) materials recovery facilities (including primary or 

secondary smelters) which combust waste for the primary purpose of 

recovering metals; (3) qualifying small power production facilities, as defined 

in United States Code Title 16, Section 769(I7)(C), or qualifying cogeneration 

facilities, as defined in United States Code Title 16, Section 796(18)(B), of the 

Federal Power Act, that burn homogenous waste for the production of electric 

energy or in the case ofqualifying cogeneration facilities that burn 

homogeneous waste for the production ofelectric energy and steam or forms 

ofuseful energy (such as heat) that are used for industrial, commercial, 

heating, or cooling purposes; or (4) air curtain incinerators provided that such 

incinerators only bum wood wastes, yard wastes and clean lumber and that 

such air curtain incinerators comply with any applicable opacity limitations. 

Operating permits for solid waste incineration units shall be obtained within 

Regulation No.3 	 Part C, Page 109 

CODE OF COLORADO REGULATIONS 	 5 CCR 1001-5 

Page 110 

thirty-six months ofpromulgation ofa new source performance standard 

applicable to such units, or by November 15, 1994, whichever is later. 

II.A.l.f. 	 Any source designated by the Administrator and the conunission as requiring 

an operating permit. 

IlA.l.g. 	 A source is not required to obtain an operating permit solely because it is 

subject to regulation or requirements pursuant to section 112(r) ofthe Federal 

Act. 

II.A.2. 	 Any construction permit that has been issued pursuant to Regulation No.3, Part B, 


with respect to a source that is subject to the operating permit requirements ofthis 


Part C, shall continue in full force and effect until such time as the operating permit is 


issued for such source, ifthe source has filed a timely and complete operating permit 


application. Ifa complete operating permit application has been timely filed with the 


division by the source in accordance with the provisions ofsection ill., below, the 


source will not be subject to an enforcement action for operating the source without 


an operating permit. No source subject to an operating permit may operate after the 


time it is required to file a timely and complete application except in compliance with 


a previously issued operating permit and as set forth in section n.B., below. A 


previously issued construction permit shall not constitute a defense for operating a 


source in violation ofthe requirement to have an operating permit. 


II.A.3. 	 Any orders or decisions ofthe division shall be final upon issuance. 

II.B. 	 Application Shield 

A timely and complete application for an operating permit under the provisions of 

this Part C shall operate as a defense to an enforcement action for the source's failure 

to have an operating permit until the division or the commission makes a fmal 

determination on the permit application. This defense to an enforcement action shall 

not apply if. subsequent to the completeness determination required by section 

IV .B.I., ofthis Part C, the applicant fails to submit by the deadline specified in 

writing by the division any additional information identified as necessary to process 

the application, or to otherwise supplement its application in accordance with the 

provisions ofsection IV.B.3., and IV.B.4., ofthis Part C. This defense to an 

enforcement action shall not be available to an applicant that files a fraudulent 

application. Permit expiration terminates the source's right to operate unless a timely 

and complete renewal application has been submitted to the division. 

II.C. 	 Transfer or assignment ofownership 

Iftransfer or assignment ofownership or operation ofan air pollution emission 

source permitted pursuant to the operating permit requirements ofthis Part C of 

Regulation No.3 is anticipated, the prospective owner or operator shall apply to the 

division, on division supplied administrative permit amendment forms, for reissuance 

ofthe existing permit. Part A, section m., governs the administrative permit 

amendment procedures required for transfer or assignment of ownership of a source 

subject to the operating permit requirements. No administrative permit amendment 

Regulation No.3 	 Part C, Page 110 ..~ 

5 CCR 1001-5 	 CODE OF COLORADO REGULATIONS 
(C) 2002 Weil Publishing for the State of Colorado 25 CR 12, 12-02 Page 111 

All Rights Reserved 

shall be complete until a written agreement containing a specific date for transfer of 

permit, responsibility. coverage, and liability between the current and new permittee 

has been submitted to the division. 

11.0. Portable Sources 

A portable source that conducts the same or similar type activity at mUltiple 

temporary locations throughout the state may be issued a single operating permit 

under this Part C, provided that the operation involves at least one change in location 

ofthe source during the five year permit term. P.Qrtable sources must notify the 

division at least ten days in advance ofeach change in location. The owner or 

operator of a portable source must demonstrate that all applicable requirements will 

be met at all locations at which the source will operate before an operating permit 

authorizing operations at the mUltiple locations will be issued. Sources subject to the 

acid rain provisions ofTitle N ofthe Federal Act shall not constitute portable 

sources. 

II.E. Insignificant Activities and Exemptions from Operating Permit Requirements 

Sources that are otherwise required to obtain an operating permit are not required to 

incJude insignificant activities from the following list in their operating permit 

applications, except as otherwise provided below. 

None ofthe exemptions listed below, incJuding emission de minimis levels, shall 

apply ifby taking such exemption a source would avoid any specific federal or state 

applicable requirement, including, but not limited to, New Source Performance 

Standards, Regulation No.7, Prevention ofSignificant Deterioration (section N.D.3 .• 

Part B ofthis Regulation No.3), nonattainment New Source Review requirements 

(section IV.D.2.a., ofPart B ofthis Regulation No.3), Title III (including National 

Emission Standards for Hazardous Air Pollutants, Title V, and Colorado Maximum 

Achievable Control Technology or Generally Available Control Technology. (Ifthe 

potential to emit, taking into account full design rate and continuous operation, 

triggers Prevention ofSignificant Deterioration or New Source Review requirements, 

the source must submit an Air Pollutant Emission Notice and apply for the 

appropriate permit, or must apply for a permit to limit the physical or operational 

. capacity ofthe source such that the source is not considered to be a major source as 

defined in section 1.B.59., ofPart A ofthis regulation.). 

Sources otherwise required to obtain an operating permit are required to include a list 

ofinsignificant activities in their permit applications ifthe insignificant activities are 

listed in sections n.E.I., and n.E.2., or marked with an asterisk in section II.E.3. The 

asterisk denotes an insignificant activity source category based on the size ofthe 

activity, emissions levels from the activity or the production rate ofthe activity. The 

owner or operator ofindividual emission points marked with an asterisk in section 

II.E.3., below, must maintain sufficient record keeping to verify that the exemption 

applies. Such records shall be made available for division review upon request. 

The following sources are exempt from the requirement to obtain an operating permit 

pursuant to this Part C: 

Regulation No.3 Part C, Page 111 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 

Page 112 

IT.E.I. Sources subj ect to regulation or requirements pertaining to standards ofperformance 

for new residential wood heaters pursuant to Regulation No.6; or 

IT.E.2. Sources subject to regulation or requirements pertaining to national emissions 

standards for hazardous air pollutants for asbestos in the course of demolition and 

renovation pursuant to Regulation No.8. 

II.E.3. Certain categories ofsources and activities which are considered to be insignificant 

contributors to air pollution as listed below. A source solely comprised of one or 

more ofthese activities is not required to obtain an operating permit'pursuant to this 

regulation, unless the source's emissions trigger the major source threshold as defined 

in section I.B.59., Part A ofthis Regulation No.3 (definition ofmajor source for 

purposes ofPart C): 

IT.E.3.a. 	 *lndividual emission points in nonattainment areas having uncontrolled actual 

emissions ofany criteria pollutant as defmed in Part A, section 11.B.9., ofthis 

Regulation No.3 ofless than one ton per year, and individual emission points 

in attainment areas having uncontrolled actual emissions ofany criteria 

pollutant ofless than two tons per year, and each individual emission point 

with uncontrolled actual emissions oflead less than one hundred pounds per 

year, regardless ofwhere the source is located. 

ILE.3.b. 	 Individual emission points ofnon-criteria reportable pollutants having 

uncontrolled actual emissions less than the de minimis levels as determined 

following the procedures set forth in Appendix A. 

IIE.3.c. 	 Air conditioning or ventilating systems not designed to remove air pollutants 

generated by or released from other processes or equipment. 

IT.E.3.d. 	 Fireplaces used for recreational purposes, inside or outside. 

ILE.3.e. 	 Fires and equipment used for noncommercial cooking offood for human 

consumption, or cooking offood for human consumption at commercial food 

service establishments, except for char broilers and wood fired equipment (but 

not including campfires) in PMlO nonattainment areas. Charbroiled shall 

mean a cooking device in a commercial food service establishment, either gas 

fired or using charcoal or other fuel, upon which grease drips down upon an 

open flame, charcoal or embers. 

I1.E.3.f. 	 Flares used to indicate danger to the public. 

I1.E.3.g. 	 Agriculture operations such as farming, cultivating and harvesting, seasonal 

crop drying, grain handling operations that are below New Source 

Performance Standards de minimis levels (including milling and grain 

elevator operations), and animal feeding operations that are not housed 

commercial swine feeding facilities as defined in Regulation No.2, Part B. 

This exemption does not apply to an agricultural operation that: (I) is a major 

stationary source (Regulation No.3 Part A, section I.B. 60.); (2) meets or 

exceeds the storage capacity thresholds of a federal New Source Performance 

Regulation No.3 	 Part C, Page 112 

5 CCR 1001-5 	 CODE OF COWRADO REGULATIONS 

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All Rights Reserved 

II.E.3.h. 

II.E.3.i. 

II.E.3.i.(i) 

II.E.3.i.( ii) 

II.E.3.i.(iii) 

Standards (Regulation No.6, Part A); or (3) participates in the early reduction 

program of the Federal Act, section 112. Ancillary operations such as fueling 

stations located at farms or ranches are not exempt from Air Pollutant 

Emission Notice and permit requirements unless otherwise below the de 

minimis emission levels contained in this regulation, and are not exempt from 

other applicable regulations promulgated by the commission. 

Emissions from, or construction, or alteration of residential structures, 

including all buildings or other structures used primarily as a place of 

residence, and including home heating det'ices. 

Research laboratories 

Noncommercial (in-house) experimental and analytical laboratory 

equipment that is bench scale in nature including quality control/quality 

assurance laboratories, process support laboratories, environmental 

laboratories supporting a manufacturing or industrial facility, and research 

and development laboratories. 

*Research and development activities that are of a small pilot scale and 

that process less than ten thousand pounds oftest material per year; 

*Small pilot scale research and development projects less than six months 

in duration with controlled actual emissions less than five hundred pounds 

of any criteria pollutant or ten pounds of any non-criteria reportable 

pollutant. 

II.E.3.j. *Disturbance of surface areas for purposes of land development, that do not 

exceed twenty-five contiguous acres and that do not exceed six months in 

duration. (This does not include mining operations or disturbance of 

contaminated soil). 

II.E.3.k. *Each individual piece offuel burning equipment, other than smokehouse 

generators and internal combustion engines, that uses gaseous fuel, and that 

has a design rate less than or equal to five million British thermal unit per 

hour. (See definition of fuel burning equipment in the Common Provisions 

Regulation). 

II.E.3.1. Internal combustion engines powering portable drilling rigs. 

II.E.3.m. *Petroleum industry flares, not associated with refineries, combusting natural 

gas containing no hydrogen sulfide except in trace amounts (less than five 

hundred parts per million weight), approved by the Colorado Oil and Gas 

Conservation Commission and having uncontrolled emissions of any pollutant 

of less than five tons per year. 

II.E.3.n. *Chemical storage tanks or containers that hold less than five hundred gallons, 

and that have an annual average throughput less than twenty-five gallons per 

day. 


Regulation No.3 Part C, Page 113 


CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 114 

H.E.3.o. 

H.E.3.p. 

H.E.3.q. 

H.E.3.r. 

H.E.3.s. 

D.E.3.t. 

D.E.3.u. 

D.E.3.v. 

D.E.3.w. 

D.E.3.x. 

ILE.3.y. 

II.E.3.z. 

II.E.3.aa. 

II.E.3.bb. 

II.E.3.cc. 

ILE.3.dd. 

II.E.3.ee. 

ILE.3.ff. 


II.E.3.gg. 


D.E.3.hh. 


Regulation No.3 


5 CCR 1001-5 

Unpaved public and private roadways, except for haul roads located within a 

stationary source site boundary. 

Sanding of streets and roads to abate traffic hazards caused by ice and snow. 


Open burning activities, except that all reporting and pennitting requirements 


that apply to such operations must be followed (see Regulation No.9). 


Brazing, soldering, or welding operations that use lead based compounds. All 


welding that occurs strictly for maintenance purposes is exempt. 


Street and parking lot striping. 


Battery recharging areas. 


Aerosol can usage. 


Sawing operations, that are ancillary to facility operations, and are not part of 


the production process. 


The process ofdemolition and re-bricking of furnaces and kilns. This does not 


include subsequent operation ofsuch furnaces or kilns. 


Road and lot paving operations at commercial and industrial facilities, except 


that asphalt and cement batch plants require Air Pollutant Emission Notices 


and permits, unless exempt under some other section. 


Adhesive use that is not related to production. 


Fire training activities. 


Caulking operations that are not part ofa production process. 


*Landscaping and site housekeeping devices equal to or less than ten 


horsepower in size (lawnmowers, trimmers, snow blowers, etc.). 


Fugitive emissions from landscaping activities (e.g., weeding, sweeping). 


Landscaping use of pesticides, fumigants, and herbicides. 


*Crude oil loading truck equipment at exploration and production sites where 


the loading rate does not exceed 10,000 gallons of crude oil per day averaged 

on an annual basis. Condensate truck loading equipment at exploration and 

production sites that splash fill less than 6750 barrels ofcondensate per year 

or that submerge fill less than 16308 barrels ofcondensate per year. 

Emergency events such as accidental fires. 


Smoking rooms and areas. 


Plastic pipe welding. 


Part C, Page 114 

CODE OF COLORADO REGULATIONS 
() 2002 Weil Publishing for the State of Colorado 25 CR 12, 12-02 Page 115 

All Rights Reserved 

IIE.3.ii. 

IIE.3.jj. 

IIE.3.kk. 

II.E.3.11. 

II.E.3.mm. 

IIE.3.nn. 

ILE.3.00. 

II.E.3.pp. 

ILE.3.qq. 

II.E.3.rr. 

IlE.3.ss. 

I1.E.3.tt. 

II.E.3.uu. 

II.E.3.vv. 

II.E.3.ww. 

Regulation No.3 

Vacuum cleaning systems used exclusively for industrial, commercial, or 

residential housekeeping purposes. 

Beauty salons. 

Operations involving acetylene, butane, propane and other flame cutting 

torches. 

Pharmacies. 

*Chemical storage areas where chemicals are stored in closed containers, and 

where total storage capacity does not exceed five thousand gallons. This 

exemption applies solely to storage ofsuch chemicals. This exemption does 

not apply to transfer of chemicals from, to, or between such containers. 

Architectural painting, roof coating material and associated surface 

preparation (except for sandblasting and except for volatile organic compound 

emissions, associated with surface preparation, above Air Pollutant Emission 

Notice de minimis levels) for maintenance purposes at industrial or 

commercial facilities. 

Emissions of air pollutants that are not criteria or non-criteria reportable 

pollutants (see section lB.39., Part A). These emissions include methane, 

ethane and carbon dioxide. 

Janitorial activities and products. 

Grounds keeping activities and products. 

Sources of odorous emissions that do not utilize emission control equipment 

for control ofodorous emissions. This exemption applies to the odor 

emissions only. All other emissions are subject to other exemptions set forth 

in this regulation. This exemption does not exempt any source from the 

requirements of Regulation No.2. 

Truck and car wash units. 

Office emissions, including cleaning, copying, and restrooms. 

*Oil production wastewater (produced water tanks), containing less than one 

percent by volume annual average crude oil, except for commercial facilities 

that accept oil production wastewater for processing. 

Electrically operated curing ovens, drying ovens and similar activities, 

articles, equipment, or appurtenances. This exemption applies to the ovens 

only, and not to the items being dried in the ovens. 

Equipment used exclusively for portable steam cleaning. 

Part C, Page 115 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 

Page 116 

ILE.3.xx. Blast-cleaning equipment using a suspension of abrasive in water and any 

exhaust system or collector serving them exclusively. 

II.E.3.yy. Conunerciallaundries (except dry cleaners) that do not bum liquid or solid 

fuel. 

II.E.3.zz. Storage ofbutane, propane, or liquefied petroleum gas in a vessel with a 

capacity ofless than sixty thousand gallons, provided the requirements of 

Regulation No.7, section IV., are met, where applicable. 

II.E.3.aaa. Storage tanks ofcapacity less than forty thousand gallons oflubricating oils or 

waste lubricating oils. 

II.E.3.bbb. *Venting ofcompressed natural gas, butane or propane gas cylinders, with a 

capacity of one gallon or less. 

II.E.3.ccc. *Fuel storage and dispensing equipment in ozone attainment areas operated 

solely for company-owned vehicles where the daily fuel throughput is no 

more than four hundred gallons per day, averaged annually. Sources in the 

Denver-Metropolitan ozone attainment-maintenance area must utilize Stage 1 

vapor recovery on all tanks greater than five hundred and fifty gallons 

capacity, as required by Regulation No.7, in order to take this exemption. 

II.E.3.ddd. *Crude oil storage tanks with a capacity of40,000 gallons or less. 

II.E.3.eee. Indirect sources are exempt until a (pennit) regulation specific to indirect 

sources is promulgated by the commission. 

ILE.3.fff. *Storage tanks meeting all ofthe following criteria: 

IIE.3.fff.(i) Annual throughput is less than four hundred thousand gallons; and 

n.E.3.fff.(ii) The liquid stored is one ofthe following: 

n.E.3.fiT.(ii)(A) Diesel fuels 1 - D, 2 - D, or 4 - 6; 

II.E.3.fiT.(ii)(B) Fuel oils #1 - #6; 

n.E.3.fff.(ii)(C) As turbine fuels 1 - GT through 4 - GT; 

n.E.3.fff.(ii)(D) An oiVwater mixture with a vapor pressure less than or equal to 

that ofdiesel fuel (Reid vapor pressure of.025 psia). 

II.E.3.ggg. Each individual piece of fuel burning equipment that uses gaseous fuel, and 

that has a design rate less than or equal to ten miUion British thermal unit per 

hour, and that is used solely for heating buildings for personal comfort. 

n.E.3.hhh. Natural gas vehicle fleet fueling facilities. 

II.E.3.iii. Electric motors driving equipment at non-conunercial machining shops. 

Regulation No.3 Part C, Page 116 

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All Rights Reserved 

II.E.3.JJj. 	 Recreational swimming pools. 

II.E.3.kkk. 	 Forklifts. 

n.E.3.m. 	 Handling equipment and associated activities for glass that is destined for 

recycling. 

U.E.3.mmm. 	 Containers, reservoirs, or tanks used exclusively for dipping operations, that 

contain no organic solvents, for coating objects with oils, waxes, greases, or 

natural or synthetic resins. 

II.E.3.nnn. 	 Emergency power generators that: 

ILE.3.nnn.(i) 	 Have a rated horsepower ofless than 260 or; 

II.E.3.nnn.(ii) *Operate no more than 250 hours per year and have a rated horsepower of 

less than 737; or 

II.E.3.nnn.(iii) *Operate no more than 100 hours per year and have a rated horsepower of 

less than 1,840. 

1I.E.3.000. 	 The collection, transmission, liquid treatment, and solids treatment processes 

at domestic wastewater treatment works, or treatment facilities that treat only 

domestic type wastewater, except for combustion processes. 

II.E.3.ppp. 	 Gasoline stations located in ozone attainment areas. 

II.E.3.qqq. 	 *Surface mining activities that mine seventy thousand tons or fewer of 

product material per year. A fugitive dust control plan is required for such 

sources. Crushers, screens and other processing equipment activities are not 

included in this exemption. 

II.E.3.m. 	 Composting piles, however, all odor requirements of Regulation No.2 must 

be met. 

II.E.3.sss. 	 Fugitive emissions ofhazardous air pollutants that are natural constituents of 

native soils and rock (not added or concentrated by chemical or mechanical 

processes) from under ground mines or surface mines unless such source is a 

major source ofhazardous air pollutants under Part C ofthis Regulation No. 

3. 

II.E.3.ttt. 	 The use ofpesticides, fumigants, and herbicides when used in accordance 

with requirements established under the federal Insecticide, Fungicide and 

Rodenticide Act as established by the U.S. EPA (United States Code Title 7, 

Section 136 et seq.). 

II.E.3.uuu. 	 Ventilation of emissions from mobile sources operating within a tunnel, 

garage, or building. 

II.E.3.vvv. 	 Non-asbestos demolition. 

Regulation No.3 	 Part C, Page 117 

CODE OF COLORADO REGULATIONS 	 5 CCR 1001-5 

Page 118 

II.E.3.www. 	 Sandblast equipment when the blast media is recycled and the blasted material 

are collected. 

II.E.3.xxx. 	 Stationary internal combustion engines: 

II.E.3.xxx.(i) *Less than or equal to 175 horsepower which operate less than 1,450 

hours per year. 

ILE.3.xxx.(ii) *Greater than 175 horsepower and less than or equal to 300 horsepower 

which operate less than 850 hours per..year. 

II.E.3.xxx.(iii) *Greater than 300 horsepower and less than or equal to 750 horsepower 

which operate less than 340 hours per year. 

II.E.3.yyy. Surface water storage impoundment of non-potable water and storm water 

evaporation ponds. 

II.E.3.zzz. Non-potable water pipeline vents. 

II.E.3.aaaa. Steam vents and safety release valves. 

II.E.3.bbbb. Deaerator/vacuum pump exhausts. 

II.E.3.cccc. Seal and lubricating oil systems for steam turbine electric generators. 

II.E.3 .dddd. Venting of natural gas lines for safety pUIposes. 

II.E.3.eeee. Chemical storage tanks 

II.E.3.eeee.(i) *Sulfuric acid storage tanks not to exceed ten thousand five hundred 

gallons capacity. 

II.E.3.eeee.(ii) *Sodium hydroxide storage tanks. 

II.E.3.ffff. 	 Wet screening operations notwithstanding the applicability ofthe New Source 

Performance Standards included in the Code ofFederaI Regulations, Title 40, 

Part 60, Subpart 000. 

II.E.3.gggg. 	 * Any condensate storage tank with a production rate of730 barrels per year or 

less or condensate storage tanks that are manifolded together with a 

production rate of 730 barrels per year or less that are owned and operated by 

the same person, and are located at exploration and production sites. 

II.F. 	 Sources that are not required by this Part C to obtain an operating permit may elect to 

apply for, and may be issued, an operating permit. Any such permit issued must 

contain terms and conditions sufficient to satisfy the requirements of this regulation. 

IlG. 	 All federally-enforceable terms and conditions in an operating permit, including any 

provisions designed to limit a source's potential to emit, are enforceable by the 

Regulation No.3 	 Part C. Page 118 

5 CCR 1001-5 	 CODE OF COLORADO REGULATIONS 

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All Rights Reserved 

Administrator, as well as citizens pursuant to United States Code Title 42, Section 

7604. 

III. OPERATING PERMIT APPLICATION REQUIREMENTS 

lILA. Option for pre-application meeting 

Prior to SUbmitting an application for a permit an applicant may request and, ifso 

requested, the division shall grant, a pre-application meeting with the applicant. At 

such meeting, the division shall advise the applic.ant ofthe applicable permit 

requirements, including the information, plans, specifications and the data required to 

be furnished with the permit application, based on the best information available from 

the applicant at the time. Failure ofthe division to identify all requirements and 

information does not exempt the source from compliance with applicable 

requirements or these regulations. 

m.B. Application for operating permit and combined construction/operating permit 

applications 

III.B.1. An application for an operating permit shall be prepared on forms supplied by the 

division that meet all the requirements ofthe Federal Act. Applicants shall submit 

sufficient copies oftheir applications for provision ofcopies to the Administrator, 

affected states and county clerks as required by sections V.B.S., VL, and IX., ofthis 

Part C. 

III.B.2. Each source required to obtain an operating permit pursuant to section III., ofthis Part 

C, for the first time, shall submit an application for such a permit no later than twelve 

months after the source becomes subject to the operating permit requirement. A 

source that becomes subject to the operating permit program by operation oflaw, 

such as the adoption ofnew legal requirements, shall submit an application for an 

operating permit within twelve months ofthe effective date ofsuch new legal 

requirements unless otherwise specified by the requirements. A new source or an 

existing source that modifies in a way that renders it newly subject to the operating 

permit requirements, shall submit a complete application for an operating permit 

within twelve months ofcommencing operation, except as otherwise provided herein. 

Modifications made to a source with an operating permit, through a permit issued 

under Part B ofthis regulation shall apply for a modification to their operating permit 

within twelve months ofstartup. A new source (including any significant 

modification), shall meet the applicable requirements ofPart B. 

m.B.3. Reserved. 

m.B.4. Reserved. 

m.B.s. All other major sources existing on January 1, 1995 shall submit their operating 

permit applications unless otherwise notified by the division. 

IIl.B.6. Each source subject to an operating permit shall submit an application for renewal of 

the operating permit at least twelve months, but not more than eighteen months, prior 

Regulation No.3 Part C, Page 119 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 

Page 120 

m.B.7. 

m.B.8. 

III.B.9. 

m.c. 

to the expiration ofthe operating permit. All ofthe provisions governing the 

application for and issuance ofoperating permits are applicable to applications for 

renewal of operating permits, except that an application for permit renewal may 

address only those portions ofthe permit that require revision, supplementing, or 

deletion, incorporating the remaining permit terms by reference from the previous 

permit. A copy of any materials incorporated by reference must be included with the 

application. The division may choose to issue a draft renewal or proposed renewal 

permit specifying only those portions that will be revised, supplemented, or deleted, 

incorporating the remaining permit terms by reference. All requirements for 

compliance plans, compliance schedules and compliance certifications found in 

sections III.B. 7. , IIlB.8., and III.C.8. - III.B.13., are applicable to the entire 

operating permit upon renewal. 

A source required to obtain a construction permit pursuant to Part B ofthis 

Regulation No.3, may submit an application for a combined construction permit and 

operating permit on a standard application form supplied by the division prior to 

commencing construction, modification, installation or commencement of any 

activities or operations for which a construction permit is required pursuant to Part B. 

In accordance with the provisions ofPart B, a source applying for a combined 

construction/operating permit cannot construct before issuance of a permit. 

Applications shall be signed by a responsible official who shall also sign the 

compliance certification on the application. The compliance certification shall 

include: (a) a certification ofcompliance with all applicable requirements; (b) a 

statement ofmethods used for determining compliance, including a description of 

monitoring, record keeping, and reporting requirements and test methods; (c) a 

schedule for submission ofcompliance certifications during the permit term not less 

than annually, or more frequently as specified by the terms and conditions ofthe 

permit; (d) a statement indicating the source's compliance status with any applicable 

compliance assurance monitoring and compliance certification requirements; (e) if 

applicable to a source, a statement indicating the source has properly registered its 

risk management plan required pursuant to section 112(r) ofthe Federal Act. 

Compliance certifications for state-only conditions shall be separate from compliance 

certifications required under the Federal Act, and shall only be required for sources of 

such state-only conditions seeking the operational flexibility provisions ofsections 

X., XI., and XIT., ofthis Part C. Sources seeking protection under the terms ofthe 

permit shield for such state-only conditions, or sources ofstate-only conditions are 

otherwise required to obtain an operating permit pursuant to the state Act. 

Each application form, report and compliance certification submitted pursuant to this 

regulation shall contain a certification by a responsible official ofthe truth, accuracy 

and completeness ofsuch form, report or certification stating that, based on 

information and beliefformed after reasonable inquiry, the statements and 

information in the document are true, accurate and complete. 

Complete applications 

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The applicant shall furnish all information and data required by the division to 

evaluate the permit application and to make its preliminary analysis in accordance 

with section IV., ofthis Part C including, but not limited to: 

m.c.1. Identifying information, including company name and address (or plant name and 

address ifdifferent from the company name), owner's name and agent, and telephone 

number and name ofplant site manager/contact; 

m.C.2. A description ofthe source's processes and products (by standard industrial 

classification code) including any associated with alternate scenarios identified by the 

source; 

m.C.3. The following emission-related information: 

m.C.3.a. 	 All emissions ofpolJutants for which the source is major, and all emissions of 

regulated air pollutants. A permit application shall describe all emissions of 

regulated air pollutants emitted from any emissions unit, except where such 

units are exempted under section n.E., ofthis Part C, and all additional 

information related to the emissions of air pollutants sufficient to verify which 

requirements are applicable to the source and other information necessary to 

collect any permit fees owed pursuant to section VI., Part A; 

m.C.3.b. 	 Identification and description of all points of emissions described in section 

m.C.3.a., above, in sufficient detail to establish the basis for fees and 

applicability ofrequirements ofthe Federal Act; 

m.C.3.c. 	 Emissions rate in tons per year and in such terms as are necessary to establish 

compliance consistent with the applicable standard reference test method; 

m.C.3.d. 	 The following information to the extent it is needed to determine or regulate 

emissions: fuels, fuel use, raw materials, production rates, and operating 

schedules; 

m.C.3.e. 	 Identification and description of air pollution control equipment and 

compliance monitoring devices or activities; 

m.C.3.f. 	 Limitations on source operation affecting emissions or any work practice 

standards, where applicable, for all regulated air pollutants at the source; 

m.C.3.g. 	 Other information required by any applicable requirement, including 

information related to stack height limitations developed pursuant to United 

States Code Title 42, Section 7423 (part A, section VIII., ofthis Regulation 

No.3); and 

III.C.3.h. 	 Calculations on which the information required in sections III.C.3.a. ­

nlC.3.g., are based. 

nI.C.4. The following air pollution control requirements: 

m.C.4.a. 	 Citation and description of all applicable requirements, and 

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Ill.CAb. Description of, or reference to, any applicable test method for determining 

compliance with each applicable requirement. 

Ill.C.S. 	 Other specific information that may be necessary to implement and enforce other 

applicable requirements of the Federal Act or ofthis section III., or to determine the 

applicability ofsuch requirements. 

m.C.6. 	 An explanation of any proposed exemptions from otherwise applicable requirements. 

III.C.7. 	 Additional information as determined to be necessary by the division to define 

alternative operating scenarios identified by the source pursuant to section IV., ofPart 

A, or to define permit terms and conditions implementing section XII., ofthis Part C. 

Ill.C.S. 	 A compliance plan which contains: (a) a description ofthe compliance status ofthe 

source with respect to all applicable requirements; (b) for applicable requirements 

with which the source is in compliance, a statement that the source will continue to 

comply with such requirements; (c) for applicable requirements that will become 

effective during the permit term, a statement that the source will meet the 

requirements on a timely basis; and (d) for requirements for which the source is not 

anticipated to be in compliance at the time ofpermit issuance, a narrative description 

ofhow the source will achieve compliance with such requirements. 

III.C.9. 	 A compliance schedule which contains: (a) for applicable requirements with which 

the source is in compliance, a statement that the source will continue to comply with 

such requirements; or (b) for applicable requirements that will become effective 

during the permit term, a statement that the source will meet the requirements on a 

timely basis. A statement that the source will meet in a timely manner applicable 

requirements that become effective during the permit term shall satisfy the provision, 

unless a more detailed schedule is expressly required by the applicable requirement; 

and (c) a schedule of compliance for sources that are not anticipated to be in 

compliance at the time ofpermit issuance. This schedule shaH include a schedule of 

enforceable remedial milestones, leading to compliance with any applicable 

requirements for which the source will be in noncompliance at the time ofpermit 

issuance. This compliance schedule shall be at least as stringent as that contained in 

any judicial consent decree or administrative order to which the source is subject. 

Any such schedule ofcompliance shall be supplemental to, and shall not sanction 

noncompliance with, the applicable requirements on which it is based. 

m.C.10. 	 A schedule for submission ofprogress reports no less frequently than every six 

months for sources required to have a schedule of compliance to remedy a violation. 

IIIC.11. 	 The compliance plan content requirements specified in this section shall apply and be 

included in the acid rain portion of a compliance plan for an affected source, except 

as specifically superseded by regulations promulgated under Title IV ofthe Federal 

Act, Code ofFederal Regulations Title 40, Part 72, with regard to the schedule and 

method(s) the source will use to achieve compliance with the acid rain emissions 

limitations. 

Ill.C.12. Data necessary to allow the division to determine whether the source complies with: 

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Ill.e.12.a. All applicable emission control regulations; 

Ill.C.I2.b. Applicable regulations for the control ofhazardous air pollutants; 

III.e.12.c. Requirements ofthe nonattainrnent and attainment programs, sections 

IV.D.2., and IV.D.3., ofPart B; and 

m.e.I2.d. Any applicable ambient air quality standards (for temporary sources and new 

or modified sources applying for a combined construction/operating permit 

only). When the data includes modeling,..the model used shall be an 

appropriate one given the topography, meteorology, and other characteristics 

ofthe region that the source will impact; and 

Ill.e.12.e. All applicable regulations. 

Ill.C.l3. 	 Copies ofAir Pollutant Emission Notices on file with the division indicating 

production/process rates for which the operating permit is to be evaluated, or, ifAir 

Pollutant Emission Notice(s) have not been previously filed, a new Air Pollutant 

Emission Notice(s) shall be submitted in accordance with Part A, section II. The Air 

Pollutant Emission Notice fee will not be charged for submission ofcopies ofcurrent 

Air Pollutant Emission Notice(s) previously filed with the division. 

m.D. 	 Operating Permit Renewal 

In submitting an application for renewal of an operating permit issued under these 

regulations, a source may identify terms and conditions in its previous permit that 

remain unchanged and incorporate by reference those portions ofits existing permit 

and the permit application and any permit amendments or modification applications 

that describe products, processes, operations, and emissions to which those terms and 

conditions apply. The source must identify specifically and list which portions ofits 

previous permit and/or applications that are incorporated by reference. In addition, a 

renewal application must contain: 

m.D.1. 	 Information for those products, processes, operations, and emissions, in accordance 

with the provisions ofthis Part C, that: 

m.D.l.a. 	 Are not addressed in the existing permit; 

Ill.D.l.b. 	 Are subject to applicable requirements that are not addressed in the existing 

permit; or 

III.D.l.c. 	 Are permit terms and conditions that differ from those in the existing permit. 

m.D.2. 	 A compliance plan, schedule, and certification requirements for the entire permit in 

accordance with this Part C. 

III.E. 	 A major source may comply with this section through anyone ofthe following 

methods: 

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CODE OF COLORADO REGULATIONS 5 CCR 1001-5
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III.E.l. 	 The source may obtain a single permit for all relevant emission points located within 

a contiguous or adjacent area under common control (whether or not falling under the 

same two-digit standard industrialized code); 

m.E.2. 	 The source may obtain separate permits for separate emission points or groups of 

emission points, or 

m.E.3. 	 The division may issue a permit covering one or more emission points eligible for 

coverage under a general permit and the source may obtain a separate permit or 

permits for emission points not eligible for such eoverage. 

m.F. 	 The acid rain portions ofpermit applications shall be made on nationally-standardized 

forms pursuant to regulation promulgated by the Administrator at Code ofFederal 

Regulations Title 40, Part 72. 

IV. 	 PROCESSING OF APPLICATIONS 

IV.A. 	 Standards for application determinations 

The division shall evaluate operating permit applications and combined 

construction/operating permit applications. The evaluation of permit applications 

shall consider, for the construction permit portion, whether operation ofthe proposed 

new source at the date of start-up, and for operating permits whether the permitted 

emissions, will comply with all applicable emissions control regulations, regulations 

for the control ofhazardous air pollutants, applicable ambient air quality standards 

and regulations, requirements for the prevention ofsignificant deterioration of air 

quality that is better than the National Ambient Air Quality Standards, and 

nonattainment area requirements. The submittal ofa complete application shall not 

affect the requirement that any source have a construction permit pursuant to Part B 

ofthis Regulation No.3, except as otherwise required herein. 

IV.B. 	 Completeness determinations 

IV .B.I. 	 An application for an operating permit or a combined construction permit/operating 

permit, will not be deemed to be complete until all information and data required to 

evaluate the application have been submitted to the division. Within sixty calendar 

days after the receipt ofan application or any supplemental information requested by 

the division, the division will give notice to the applicant if and in what respect the 

application is incomplete. If the division fails to notify an applicant that the 

application is incomplete within sixty calendar days of receipt of the original 

application or receipt ofthe requested supplemental information, the application shall 

be deemed to have been complete as ofthe day of receipt by the division ofthe 

application or the last submitted supplemental information, whichever is later, for the 

purposes specified in section n.B., ofthis Part C (concerning the application shield). 

Nothing herein precludes the division from requesting further information about the 

source in order to process the permit application. If the division concludes that the 

application is not complete, it shall inform the applicant ofthe additional information 

that must be submitted prior to consideration of the application. No completeness 

determination shall be required for applications for administrative or minor permit 

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modification procedures under section IlL, ofPart A, or sections X., and XL, of this 

Part C. 

IV.B.2. The division shall review each application submitted to determine whether it is 

complete. An application shall be deemed to be complete when it contains the 

information required by sections III.B., III.C., and m.D., of this Part C in sufficient 

detail for the division to evaluate the subject source and the permit application, to 

determine all applicable requirements and to calculate all applicable fees. 

IV.B.3. A source shall supplement its permit application -k> correct or update information 

provided in its initial submission as soon as it becomes aware of any omissions or 

incorrect information submitted or to address changes made to the source after 

submission ofthe application, but prior to public notice as provided in section Vl, of 

this Part C. 

IV.BA. A source shall supplement its permit application to address any requirements that 

become applicable to the source after the date the source submitted its application, but 

prior to issuance of a draft permit. 

IV.C. Permit application processing timeframes 

For operating permit applications, or for combined construction and operating permit 

applications, the division shall approve or disapprove the permit application within 

eighteen months ofreceipt ofa complete application. Permit processing timeframes 

for operating permit applications for affected sources under the acid rain provisions 

shall be governed by Code of Federal Regulations Title 40, Part 72. Ifa timely and 

complete application is filed, but the division fails to issue or deny a renewal 

operating permit prior to expiration of the operating pennit for which a source is 

seeking renewal, the previously-issued operating pennit, and all ofits terms and 

conditions, shall not expire until the renewal operating permit is issued and any 

previously extended permit shield continues in full force and operation. 

To the extent feasible, applications shall be acted upon in the order received except 

that priority shall be given to taking final action on applications for construction or 

modification under Title I, Part C, and Part D, ofthe Federal Act. Final action on 

such applications shall be taken within twelve months following receipt of a complete 

application. 

IV.D. Requests for additional information 

If, after an application is deemed complete, the division determines that additional 

information is necessary to evaluate or take final action on an application, the division 

shall request necessary information in writing and set a reasonable deadline for 

response. Additional information submitted within the deadline will be evaluated by 

the division. Ifthe applicant fails to provide the requested information or does not 

meet the deadline, the source's ability to operate without a permit shall terminate on 

the date of the deadline as provided in section II.B., of this Part C. 

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V. 	 OPERATING PERMIT ISSUANCE, RENEWALS AND MODIFICATIONS 

V.A. 	 Except as provided below, the division shall not issue, reissue or renew an operating 

permit until the source has obtained a final approval construction permit for all 

emission units pursuant to Regulation No.3, Part B, section IV.H. However, nothing 

in this section shall preclude the division from issuing, reissuing, or renewing an 

operating permit ifthe holder ofan initial approval construction permit has not 

commenced operation ofthe new construction or modification authorized by that 

construction pennit. 

When the source has not demonstrated compliance with the terms ofan initial 

approval construction permit as required pursuant to Regulation No.3, Part B, section 

IV.H., or has not obtained a final approval construction pennit as required above, the 

division may issue, reissue or renew an operating permit under the following 

circumstances: 

V.A.I. 	 Ifthe source has not demonstrated compliance under the provisions ofRegulation No. 

3, Part B, section IV.H., and the source is not anticipated to be in compJiance at the 

time of the operating permit issuance with any of the tenns or conditions of the initial 

approval construction pennit, the operating pennit must contain a compliance plan 

and compliance schedule that meets the requirements ofRegulation No.3, Part C, 

sections m.c.s., m.c.9., and m.C.IO., with respect to those permit term(s). In that 

instance, the deviation reporting required under Regulation No.3, Part C, section 

V.C.7.b., may, at the division's discretion, serve as the demonstration required 

pursuant to Regulation No.3, Part B, section IV.H., and no final approval 

construction pennit will be issued; or 

V.A.2. 	 If the source has not demonstrated compliance under the provisions ofRegulation No. 

3, Part B, section IV.H., and the source anticipates being in compliance at the time of 

the operating permit issuance with all ofthe tenns or conditions ofthe initial approval 

construction permit, the division can elect to allow the initial approval construction 

permit to continue in full force and effect pursuant Regulation No.3, Part B, section 

IV.HA. In that instance, the first deviation report after pennit issuance as required 

under Regulation No.3, Part C, section V.C.7.b., may, at the division's discretion, 

serve as the demonstration required pursuant to Regulation No.3, Part B, section 

IV .H., and no final approval construction permit will be issued; or 

V.A.3. 	 Ifthe source has demonstrated compliance under the provisions ofRegulation No.3, 

Part B, section IV.H., but not yet received a final approval construction permit, the 

division may, at its discretion, elect to either issue a fmal approval construction 

permit or allow the initial approval construction permit to continue in full force and 

effect. The division shall provide written notice to the permittee ofits election. 

V.B. 	 An operating permit, permit modification or permit renewal shall be issued only upon 

a determination by the division that the following criteria have been met: 

V.B.l. 	 The division has received a complete application for a pennit, permit modification, or 

permit renewal; 

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V.B.2. Public comment and hearing requirements, except for modifications qualifying for 

minor permit modification procedures or administrative permit revisions; 

V.B.3. Requirements for notifying and responding to affected states pursuant to section IX., 

ofthis Part C. This section is not applicable to minor sources that voluntarily apply 

for an operating permit for purposes ofsections X., XL, and XII., unless the source is 

required to have federally enforceable emissions limitations to be considered a minor 

source, nor to major sources ofColorado-only Hazardous Air Pollutants subject to the 

operating permit requirements solely due to state-only conditions under the state Act; 

V.B.4. Permit conditions provide for compliance with all applicable requirements and the 

requirements ofthis Regulation No.3; and 

V.B.S. The Administrator has received a copy ofthe proposed permit and has not objected to 

its issuance within forty-five days ofreceipt ofthe proposed permit and all necessary 

supporting information. This section is not applicable to minor sources that 

volWltarilyapply for an operating permit for purposes ofsections x., XI., and Xll., 

unless the source is required to have federally enforceable emissions limitations to be 

considered a minor source, nor to major sources ofColorado-only Hazardous Air 

Pollutants subject to the operating permit requirements solely due to state-only 

conditions under the state Act. 

V.B.6. The Administrator's objection to permit issuance shall be based on a determination 

that the proposed permit will not be in compliance with applicable requirements or 

requirements ofCode ofFederal Regulations Title 40, Part 70. Any such objection 

shall include a statement ofthe Administrator's reasons for objecting and a 

description ofthe terms and conditions that the permit must include to respond to the 

objection. Failure ofthe division to do any ofthe following shall also constitute 

grounds for an objection by the Administrator: 

V.B.6.a. 	 Failure to comply with the provisions ofsection V.F., ofthis Part C for 

submission ofcopies ofpermit applications, proposed permits, and final 

permits to the Administrator; 

V.B.6.b. 	 Failure to comply with the provisions of section IX., ofthis Part C for review 

by affected states; 

V.B.6.c. 	 Failure to submit any information to the Administrator necessary to review 

adequately the proposed permit; or 

V.B.6.d. 	 Failure to comply with the provisions ofsection VI., ofthis Part C for public 

participation. 

V.B.7. 	 Ifthe division fails, within ninety days after an objection by the Administrator, to 

revise and submit a proposed permit in response to the objection, the Administrator 

will issue or deny the permit in accordance with the requirements ofthe federal 

program promulgated under Title V ofthe Federal Act. 

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CODE OF COLORADO REGULATIONS 	 5 CCR 1001-5 

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V.B.S. The permit applicant has paid all applicable hourly fees as set forth in Part A, section 

VI., of this Regulation No.3. 

V.C. An operating permit shall contain, at a minimum, the following: 

V.C.l. Emissions limitations and standards, including those operational requirements and 

limitations that assure compliance with all applicable requirements at the time of 

permit issuance, including: 

V.C.I.a. 	 The permit shall specify and reference the origin of and authority for each 

term and condition, and identify any difference in form as compared to the 

applicable requirement upon which the term or condition is based; and 

V.C.I.b. 	 The permit shall state that, where an applicable requirement ofthe Federal Act 

is more stringent than an applicable requirement of regulations promulgated 

under Title N ofthe Federal Act, Code ofFederal Regulations Title 40, Part 

72, both provisions shall be incorporated into the permit and shall be federally 

enforceable; and 

V.C.1.c. 	 If allowed by the state implementation plan, an alternative emissions 

limitation that is at least as stringent as an applicable requirement may be 

substituted for an applicable requirement as a permit term or condition, so 

long as the permit containing such equivalency determination contains 

provisions to ensure that any resulting emissions limitation is quantifiable, 

accountable, enforceable and based on replicable procedures. 

V.C.2. 	 The permit term shall be five years. 

V.C.3. 	 The effective date and termination date ofthe permit shall be specifically identified in 

the permit. 

V.CA. 	 A statement of all monitoring and rclated record keeping and reporting requirements 

shall be specifically identified in the permit. 

V.C.S. 	 Each permit shall contain the fo.llowing requirements with respect to monitoring: 

V.C.S.a. 	 All emissions monitoring and analysis procedures or test methods required 

under the applicable requirements, including any required procedures and 

methods for compliance assurance monitoring and compliance certification 

requirements; 

V.C.S.b. 	 Where the applicable requirement does not require periodic testing or 

instrumental or non-instrumental monitoring, periodic monitoring, or record 

keeping, sufficient to yield reliable data for the relevant time period that are 

representative ofthe source's compliance with the permit as required to be 

reported pursuant to section V .C.16.e., of this Part C. Such monitoring 

requirements shall assure use ofterms, test methods, units, averaging periods, 

and other statistical conventions consistent with the applicable requirements . 

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V.c.S.c. 	 As necessary. requirements concerning the use, maintenance and, where 

appropriate, installation ofmonitoring equipment or methods. 

V.C.6. 	 Each permit shall incorporate all applicable record keeping requirements and require, 

where applicable, the following: 

V.C.6.a. Records ofrequired monitoring information, that include the following: 

V.C.6.a.(i) 	 Date, place, as defined in the permit, and time of sampling or 

measurements; 

V.C.6.a.(ii) 	 Date(s) on which analyses were performed; 

V.C.6.a.(iii) 	 The company or entity that performed the analysis; 

V.C.6.a.(iv) 	 The analytical techniques or methods used; 

V.C.6.a.(v) 	 The results ofsuch analysis; and 

V.C.6.a.(vi) 	 The operating conditions as existing at the time ofsampling or 

measurement. 

V.C.6.b. 	 The retention ofrecords of all required monitoring data and support 

information for a period of at least five years from the date ofthe monitoring 

sample, measurement, report or application. Support information, for this 

purpose, includes all calibration and maintenance records and all original 

strip-chart recordings for continuous monitoring instnunentation, and copies 

of all reports required by the permit. The applicant may, with the division's 

approval, maintain any ofthe above records in a computerized form. Sources 

must retain records ofall required monitoring data and support information 

for the most recent twelve month period, as well as compliance certifications 

for the past five years on-site at all times. A source shall make available for 

division review all other records ofrequired monitoring data and support 

information required to be retained by a source upon forty-eight hours 

advance notice by the division. 

V.C.6.c. 	 A permittee may request confidential treatment for information in any report 

submitted under this section pursuant to the limitations and procedures set 

forth in section VD., ofPart A ofthis Regulation No.3. 

V.C.7. 	 Each permit shall incorporate all applicable reporting requirements, and shall require 

the following: 

V.C.7.a. 	 Submittal of all reports ofany required monitoring at least every six months 

except as otherwise required on a more frequent basis pursuant to compliance 

assurance monitoring rules or other applicable requirements. The division 

may approve alternative reporting formats and schedules proposed by an 

applicant consistent with the requirements of this section, allowing for 

coordination with other reporting requirements for that source. All instances 

ofdeviations from any permit requirements must be clearly identified in such 

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CODE OF COLORADO REGULATIONS 	 5 CCR 1001-5 

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reports. All required reports must be certified by a responsible official 

consistent with section lIlB.S.• ofthis Part C~ 

V.C.7.b. 	 Prompt reporting of deviations from permit requirements, including those 

attributable to upset conditions as defined in the permit, the probable cause of 

such deviations, and any corrective actions or preventive measures taken. 

Each permit shall contain a definition ofprompt reporting in relation to the 

degree and type of deviation likely to occur and the applicable requirements. 

Generally "prompt" reporting shall entail reporting as required in section 

V.C.7.a., above, requiring submission ofreports of deviations from permit 

requirements at least every six months, except as otherwise specified by the 

division in the permit. Prompt reporting, for this purpose, does not constitute 

an exception to the requirements ofsection VIT., relating to reporting of 

emergency events for the purpose of avoiding enforcement actions. 

V.e.s. 	 A permit condition prohibiting emissions exceeding any allowances that the source 

lawfully holds under Title IV ofthe Federal Act or the regulations promulgated 

thereunder at Code ofFederal Regulations Title 40, Part 72. 

V.C.9. 	 State-only permit terms and conditions shall be listed separately on the operating 

permit. All procedural requirements ofthis Part C may apply to such state-only 

conditions, except as otherwise required by the state Act, in order for sources to 

obtain the permit shield and aU operational flexibility provisions. The permit shall 

also contain a specific designation as not being federally enforceable any state-only 

terms and conditions included in the permit that are not required under the Federal 

Act or under any ofits applicable requirements. A source may choose to obtain a 

separate construction peIDlit pursuant to Part B for such state-only requirements, 

except as otherwise required under the state Act; 

V.C.IO. 	 A severability clause which demands the continued validity ofthe various permit 

requirements in the event of a challenge to any portion ofthe permit; 

V.C.II. 	 Provisions stating the following permit terms and conditions: 

V.C.1l.a. 	 The permittee must comply with all conditions ofthe permit issued under this 

Part C. Any permit noncompliance relating to federally enforceable terms or 

conditions constitutes a violation ofthe Federal Act. as well as the state Act 

and this regulation. Any permit noncompliance relating to state-only terms or 

conditions constitutes a violation ofthe state Act and this regulation, shall be 

enforceable pursuant to state law, and shall not be enforceable by citizens 

under section 304 ofthe Federal Act. Any such violation ofthe Federal Act, 

the state Act or regulations implementing either statute is grounds for 

enforcement action, for permit termination, revocation and reissuance or 

modification or for denial of a permit renewal application. 

V.C.ll.b. 	 It shall not be a defense for a permittee in an enforcement action or a 

consideration in favor of a permittee in a permit termination, revocation or 

modification action or action denying a permit renewal application that it 

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would have been necessary to halt or reduce the permitted activity in order to 

maintain compliance with the conditions ofthe permit; 

V.C.Il.c. The permit may be modified, revoked, reopened, and reissued, or terminated 

for cause. The filing of any request by the permittee for a permit 

modification, revocation and reissuance, or termination, or any notification of 

planned changes or anticipated noncompliance does not stay any permit 

condition, except as provided in sections X., and XI., of this Part C; 

V.C.1l.d. The permit does not convey any property-rights of any sort, or any exclusive 

privilege; 

V.C.Il.e. The permittee shall furnish to the division, within a reasonable time specified 

by the division, any information that the division may request in writing to 

determine whether cause exists for modifying, revoking and reissuing, or 

terminating the permit or to determine compliance with the permit. Upon 

request, the permittee shall also furnish to the division copies ofrecords 

required to be kept by the permittee, including information claimed to be 

confidential. Any information subject to a claim of confidentiality shall be 

specifically identified and submitted separately from information not subject 

to the claim; 

V.C.I2. 	 A requirement that the permittee shall pay to the division all applicable fees required 

by the state Act and regulations. 

V.C.13. 	 A provision that no permit revision shall be required under any approved economic 

incentives, marketable permits, emissions trading and other similar programs or 

processes for changes that are specifically provided for in the permit; 

V.C.I4. 	 Terms and conditions for reasonably anticipated operating scenarios identified by the 

source in its application for a permit and approved by the division, in accordance with 

section IV.A., Part A. 

V.C.IS. 	 Terms and conditions, ifthe permit applicant requests them, for the trading of 

emissions increases and decreases in the permitted facility, in accordance with section 

IV.B., Part A. 

V.C.16. 	 The following elements with respect to compliance: 

V.C.16.a. 	 Consistent with sections m.B.7., m.B.8., m.c.s. - 13., and V.CA.- V.C.7., of 

this Part C, compliance, certification, testing, monitoring, reporting, and 

record keeping requirements sufficient to assure compliance with the terms 

and conditions ofthe permit. Any document (including reports) required by 

an operating permit shall contain a certification by a responsible official that 

meets the requirements ofsection III.B.8., ofthis Part C; 

V.C.16.b. 	 Inspection and entry requirements that require, upon presentation of 

credentials and other documents as may be required by law, the permittee 

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CODE OF COLORADO REGULATIONS 5 CCR 1001-5
Page 132 

shall allow the division or any authorized representative to perform the 

following: 

V.C.16.b.(i) Enter upon the pennittee's premises where an operating permit source is 

located, or emissions-related activity is conducted, or where records must 

be kept under the terms ofthe permit; 

V.C.l6.b.(ii) Have access to, and copy, at reasonable times, any records that must be 

kept under the conditions ofthe permit: 

V.C.16.b.(iii) Inspect at reasonable times any facilities, equipment (including monitoring 

and air pollution control equipment), practices, or operations regulated or 

required under the permit. The permittee shall provide, as part of its 

permit application, a list ofany specialized safety equipment which may 

be necessary for use by an inspector; and 

V.C.16.b.(iv) 	 Any sampling or monitoring ofsubstances or parameters at reasonable 

times for the purpose of assuring compliance with the permit or applicable 

requirements; 

V.C.16.c. 	 A schedule of compliance consistent with section m.c., ofthis Part C; 

V.C.16.d. 	 Progress reports consistent with an applicable schedule ofcompliance and 

section III.C., ofthis Part C, to be submitted at least semiannually or at a more 

frequent period ifso specified in the applicable requirement or by the division. 

Such progress reports shall contain the following: 

V.C.16.d.(i) 	 Dates for achieving the activities, milestones, or compliance required in 

the schedule for compliance, and dates when such activities, milestones, or 

compliance were achieved; and 

V.C.16.d.(ii) 	 An explanation ofwhy any dates in the schedule of compliance were not 

or will not be met, and any preventive or corrective measures adopted. 

V.C.16.e. 	 Requirements for compliance certification with terms and conditions 

contained in the permit, including emission limitations, standards, or work 

practices. Permits shall include each ofthe following: 

V.C.16.e.(i) 	 The frequency (which shall not be less than annually or such more 

frequent periods as specified in the applicable requirement or by the 

division) ofsubmission ofcompliance certifications; 

V.C.16.e.(ii) 	 In accordance with section V.CA. - V.C.7., ofthis Part C, a means of 

monitoring the compliance ofthe source with its emissions limitations, 

standards and work practices; 

V.C.16.e.(iii) 	 A requirement that the compliance certification include the following: 

V.C.16.e.(iii)(A) 	 The identification ofeach permit term and condition that is the 

basis ofthe certification; 

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V.C.16.e.(iii)(B) 	 The compliance status; 

V.C.16.e.(iii)(C) 	 Whether compliance was continuous or intermittent; 

V.C.16.e.(iii)(D) 	 The method(s) used for determining the compliance status ofthe 

source, currently and over the reporting period, consistent with 

section V.CA. - V.C.7., ofthis Part C; and whether the data 

collection using the methods referenced for compliance 

certification provide continuous or intermittent data; and 

V.C.l6.e.(iii)(E) 	 Such other facts as the division may require to determine the 

compliance status ofthe source. 

V.CJ6.e.(iv) 	 A requirement that all compliance certifications shall be submitted to the 

Administrator as well as to the division. This requirement shall not apply 

to sources subject to the operating permit requirements solely due to 

state-only conditions pursuant to the state Act; 

V.C.l6.e.(v) 	 Any additional requirements for compliance assurance monitoring and 

compliance certification; 

V.C.l6.e.(vi) 	 Such other provisions as the division may require. 

V.C.17. 	 Ifa source is required to develop and register a risk management plan pursuant to 

section 112(r) ofthe Federal Act, the permit shall only refer to such plan and state the 

source's compliance with such registration requirement. The content ofthe risk 

management plan will not be incorporated as a permit term. 

V.D. 	 The permit shield shall extend to applicable requirements that are included and 

specifically identified in the permit. Upon request, the division shall include in the 

permit a determination identifYing specific requirements that do not apply to the 

source. The source shall specify in its permit application for such a determination the 

requirements as to which the determination is requested. The permit shall state that 

the permit shield applies to any requirements so identified. A request for a 

determination to extend the shield to requirements deemed applicable to the source 

may be made either in the original permit application or in a subsequent application 

for a permit modification. 

V.E. 	 Ifthe division denies a permit, imposes conditions on a permit that are contested by 

the applicant, revokes a permit, or requires a permit from a source that may qualify 

for an exemption, the applicant or owner or operator ofthe source may request a 

hearing before the commission in accordance with the commission's Procedures for 

Adjudications. The request for a bearing must be filed with the commission within 

thirty days after the issuance ofthe permit, denial or revocation. The hearing shall be 

held in accordance with Colorado Revised Statute sections 25-7-119 and 24-4-105 

and the commission's Procedures for Adjudications. 

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V.F. 	 The division shall submit to the Administrator a copy of each permit application 

(including any application for permit modification). each proposed permit, and each 

final operating permit. 

VI. 	 PUBLIC PARTICIPATION REQUIREMENTS 

VI.A. 	 Except for modifications qualifying for administrative permit amendments, minor 

permit modification procedures and operational flexibility provisions, as described in 

sections X., XL, and XII., ofthis Part C, sections 111., and IV., ofPart A, and except 

for applications for coverage under general operating permits as deseribed in section 

VIII., all permit proceedings. including initial permit issuance. significant 

modifications, re-openings and renewals. are subject to public notice, comment and 

opportunity for public hearing requirements. A minor source voluntarily applying for 

an operating permit is not subject to the public participation requirements ofthis Part 

C unless the source is required to have a federally enforceable emission limitation to 

be considered a (synthetic) minor source. Minor sources that are not synthetic minors 

and major sources ofColorado-only Hazardous Air Pollutants subject to the operating 

permit requirements solely due to state-only conditions shall be subject to the public 

participation requirements where warranted in accordance with the provisions ofPart 

B ofthis Regulation No.3. 

VI.B. 	 The division shall, within fifteen calendar days after the preparation ofthe 

preliminary analysis, cause public notice ofthe application to be published in a 

newspaper of general distribution in the area in which the proposed project or activity 

is or will be located, and by such other means if necessary to assure notice to the 

affected public, which may include posting ofsuch notice on the publicly accessible 

portion ofthe division's web site, and cause a copy ofthe preliminary analysis and 

application to be filed with the county clerk for each county in which the source is or 

will be located. The division shall send written or electronic notice to the applicant, 

to persons requesting notice ofpermit applications for the type ofsource or 

geographic area and to affected states. The newspaper notice shall contain the 

information listed below in VI.B.1. - VI.B.9. The division's web site notice shall 

contain all the following information in section VLB.1. - VI.B.IS.: 

VI.B.!. 	 The name and address ofthe permittee; 

VLB.2. 	 The name and address ofthe affected facility; 

VI.B.3. 	 The division's name and address; 

VI.B.4. 	 The activity or activities proposed in the permit application; 

VI.B.S. 	 The emissions change involved in any permit modification; 

VlB.6. 	 The name, address, and telephone number of a division staff contact from whom 

interested persons may obtain additional information, including copies ofthe permit 

draft, the application, all relevant supporting materials, the compliance plan, the 

monitoring and compliance certification report, and all other materials available to the 

division that are relevant to its permit decision; 

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VI.B.7. Information regarding scheduling of any public comment hearing ifone is requested; 

VI.B.8. That the division will receive and consider public comments for thirty calendar days 

after such publication; 

VLB.9. The division's preliminary determination of approval, conditional approval, or 

disapproval ofthe application; 

VI.B.10. That any interested person may submit a written request for a public comment 

hearing to be held by the commission to receive comments regarding the concerns 

listed in sections VLB.ll. - VI.B.15 ., below, the sufficiency ofthe preliminary 

analysis, and whether the division should approve or deny the pennit application. 

Any written request for a public comment hearing must be submitted to the division 

within thirty days ofpUblication; 

VLB.10.a. 	 Written requests for a public comment hearing shall be directed to the 

division's office at 4300 Cherry Creek Drive South, Denver, Colorado 80246­

1530; 

VLB.lO.b. 	 Requests shall: (i) identify the individual or group applying; (ii) state his or 

her address and phone number; (iii) state the reasons for the request; (iv) state 

the manner in which the person is affected by the proceedings; and (v) provide 

an explanation ofwhy the person's interests are not already adequately 

represented. 

VI.B.ll. 	 That comments concerning the ability ofthe proposed activity to comply with 

applicable requirements are solicited from any interested person; 

VI.B.12. 	 That comments are solicited on the air quality impacts of the source or modification; 

VI.B.13. 	 That comments are solicited on alternatives to the source or modification; 

VI.B.14. 	 That comments are solicited on the control technology required; 

VI.B.15. 	 That comments are being solicited on any other appropriate air quality considerations. 

VI.C. 	 Within fifteen calendar days after the preparation of the preliminary analysis for those 

applications subject to the requirements ofthis Part C, the division shall forward to 

the applicant written notice ofthe applicant's right to a public comment hearing with 

respect to the application pursuant to section 1.7.0., ofthe commission's procedural 

rules. 

VI.D. 	 A public comment hearing request pursuant to section VI.B., of this Part C must be 

transmitted by the division to the commission, along with the complete permit 

application, the preliminary analysis, the draft permit, and any written comments 

received by the division within five days after the end ofthe thirty day comment 

period. At least thirty days prior to the date set for the public comment hearing, the 

notice ofpublic comment hearing, the preliminary analysis and the draft pennit shall 

be posted on the division's web site. No substantive revisions shall be made to the 

draft permit during the thirty days prior to the public comment hearing. The applicant 

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CODE OF COLORADO REGULATIONS 	 5 CCR 1001-5 

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may submit, within ten days following the close of the public comment period, a 

response to any comments made. Nothing herein shall impede the division's ability to 

meet required processing timeframes or other required time periods contained in this 

regulation. 

VI.E. 	 The commission shall hold a public comment hearing within sixty days of its receipt 

ofthe request for a hearing pursuant to section VI.B., or section VI.C., of this Part C, 

unless such greater time is agreed to by the applicant and the division. The division 

shall appear at the public comment hearing in order to present the permit application. 

At least thirty days prior to such hearing, notice thereof shall be mailed by the 

commission to the applicant, and to any interested person who submitted a request for 

a public hearing, printed in a newspaper of general distribution in the area ofthe 

proposed source or modification, and submitted for public review with the county 

clerk for each county in which the source or modification is or will be located. 

VI.F. 	 The division shall maintain a record ofthe commenters and of the issues raised during 

the public comment and public hearing process for a period offive years. 

VI.G. 	 The division shall notify the Administrator and any affected state, in writing. of any 

refusal to accept all recommendations for the proposed permit that the affected state 

submitted during the public or affected state review period, as well as reasons for 

such refusal. 

VI.H. 	 If the Administrator does not object in writing to the issuance of any proposed permit 

within forty-five days ofreceipt of the proposed permit, any person may petition the 

Administrator within sixty days ofexpiration of the Administrator's forty-five day 

review period to make such objection. Any such petition shall be based only on 

objections to the permit that were raised with reasonable specificity during the public 

comment period as provided for in section VI.B., of this Part C, unless the petitioner 

demonstrates that it was impracticable to raise such objections within that period, or 

unless the grounds for such objection arose after such period 

V1H.l. 	 A petition for review does not stay the effectiveness ofa permit or its requirements if 

the permit was issued after the end ofthe forty-five day review period and prior to an 

U.S. EPA objection. 

VI.H.2. 	 If, pursuant to a petition filed under this section VI.H., the U.S. EPA objects to the 

issuance ofa permit prior to its issuance, the division shall not issue the permit until 

the U.S. EPA's objection has been resolved. 

VI.H.3. 	 If, pursuant to a petition filed under this section VI.H., the U.S. EPA objects to the 

issuance ofa permit after it has been issued by the division, the Administrator may 

modify, terminate, or revoke such permit and the division may thereafter issue only a 

revised permit that satisfies the U.S. EPA's objection. 

VI.H.4. 	 In no event will any proceeding under this section VLH., cause a source to be in 

violation ofthe requirement to have submitted a timely and complete application. 

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VII. EMERGENCY PROVISIONS 

VII.A. An emergency means any situation arising from sudden and reasonably unforeseeable 

events beyond the control ofthe source, including acts of god, which situation 

requires immediate corrective action to restore normal operation, and that causes the 

source to exceed a technology-based emission limitation under the permit, due to 

unavoidable increases in emissions attributable to the emergency. An emergency 

shall not include noncompliance to the extent caused by improperly designed 

equipment, lack ofpreventative maintenance, careless or improper operation, or 

operator error. 

VII.B. An emergency constitutes an affirmative defense to an action brought for 

noncompliance with such technology-based emission limitations if the conditions of 

section VII. C., are met. In any enforcement proceeding, the permittee seeking to 

establish the occurrence ofan emergency has the burden ofproof. 

VII.C. The affirmative defense for an emergency shall be demonstrated through properly 

signed, contemporaneous operating logs, or other relevant evidence that: 

VII.C.1. An emergency occurred and that the permittee can identify the cause(s) ofthe 

emergency; 

VII.C.2. The permitted facility was at the time being properly operated; 

VII.C.3. During the period ofthe emergency, the permittee took all reasonable steps to 

minimize levels of emissions that exceeded the emission standards, or other 

requirements in the permit; and 

VII.C.4. The permittee submitted oral notice ofthe emergency to the division no later than 

noon ofthe next working day following the emergency, and followed by written 

notice within one month ofthe time when emission limitations were exceeded due to 

the emergency. This notice fulfills the requirement ofsection V.C.7.b., ofthis Part C. 

This notice must contain a description ofthe emergency, any steps taken to mitigate 

emissions, and corrective actions taken. 

VII.C.5. This provision is in addition to any emergency or upset provision contained in any 

applicable requirement. 

VIII. GENERAL OPERATING PERMITS 

VIII.A. The division may, after notice and opportunity for public participation provided under 

section VI., of this Part C, issue a general permit covering numerous similar sources 

that would otherwise be required to obtain an operating permit pursuant to this Part C. 

Any general permit shall comply with all requirements applicable to other operating 

permits and shall identify criteria by which sources may qualify for the general 

permit. For sources that qualify, the division shall grant the conditions and terms of 

the general permit. Notwithstanding the permit shield, a source shall be subject to 

enforcement action for operation without an operating permit if the source is later 

determined not to qualify for the conditions and terms ofthe general permit. General 

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CODE OF COLORADO REGULATIONS 5 CCR 1001-5 

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pennits are not authorized for affected sources under the acid rain program unless 

otherwise provided in regulations promulgated under Title IV ofthe Federal Act. A 

general permit may be issued for the following purposes: 

VIII.A.I. 	 To establish tenns and conditions to implement applicable requirements for a source 

category; 

VIII.A.2. 	 To establish tenns and conditions to implement applicable requirements in lieu of 

reopening the pennit to incorporate additional applicable requirements pursuant to 

section XIII.; 

VIII.A.3. 	 To establish tenns and conditions for new requirements that apply to sources with 

existing pennits, so long as no tenns or conditions ofthe existing pennit are being 

violated; 

VIII.A.4. 	 To establish federally enforceable caps on emissions from sources in a specified 

category. 

VIILA.S. 	 The division may issue a general pennit ifit finds that: 

VIII.AS.a. There are several pennittees, permit applicants, or potential pennit applicants 

who have the same or substantially similar operations, emissions, activities, or 

facilities; 

VIII.AS.b. The pennittees, pennit applicants, or potential pennit applicants emit the same 

type ofregulated air pollutants; 

VIII.AS.c. The operations, emissions, activities, or facilities are subject to the same or 

similar standards, limitations, and operating requirements; and 

VIII.AS.d. The operations, emissions, activities, or facilities are subject to the same or 

similar monitoring, record keeping, and reporting requirements. 

VIII.B. 	 A general permit developed under this section shall identify criteria by which sources 

may qualify for the general permit. After a general pennit has been developed, any 

eligible source may submit an application to be covered under the pennit. 

VIII.C. 	 An application for coverage under a general permit shall identify the source and 

provide infonnation sufficient to demonstrate that it falls within the source category 

covered by the general pennit, together with all infonnation necessary to determine 

qualification for, and to assure compliance with, the general permit including a 

compliance plan in accordance with section III.C.8., ofthis Part C. 

vrn.D. 	 A [mal action approving a request for coverage under a general permit shall not be 

subject to judicial review. A source may seek judicial review ofa final action 

denying coverage under a general pennit. 

VIII.E. 	 Ifsome, but not all, ofa source's operations, activities, and emissions are eligible for 

coverage under one or more general permits, the source may apply for and receive 

coverage under the general pennits for the operations, activities, and emissions that 

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are so eligible. If the source is required Wlder section n., ofthis Part C, to obtain an 

operating permit addressing the remainder of its operations, activities, and emissions, 

it may apply for, and receive, an operating permit that addresses specifically those 

items not covered by general permits. In such a case, the source's operating permit 

shall identify all operations, activities, and emissions that are subject to general 

permits and incorporate those general permits by reference. 

VIII.F. 	 Sources that would qualify for a general permit must apply to the division for 

coverage under the terms ofthe general permit or must apply for an operating permit 

Wlder section III., ofthis Part C. without repeating the public participation procedures 

required Wlder section VI., of this Part C, the division may grant a source's request for 

authorization to operate under a general permit. Such a grant shall not be a final 

permit action for purposes ofjudicial review. 

VIII.G. 	 Upon granting ofthe general permit by the division, the source must keep a copy of 

the permit on-site at all times. 

VIII.H. 	 A general operating permit shall not be issued to a major source where issuance of a 

general permit would cause a violation ofany applicable requirement in any other 

operating permit held by the source, or where issuance of a general operating permit 

operates to allow the source to avoid a modification Wlder Title I of the Federal Act. 

VIII.!. 	 A source may commence operations Wlder the general operating permit sixty days 

after submitting its application for a general operating permit Wlless notified by the 

division within that time period that additional information is required to determine 

whether the source qualifies for a general operating permit. Nothing herein precludes 

the division from requesting additional information after sixty days have elapsed 

since the source's submission of a general operating permit application. 

VIIIJ. 	 The application shield shall become effective upon the source's submission ofa 

complete application, in accordance with section II.B., ofthis Part C. 

VIII.K. 	 The permit shield shall become effective upon issuance ofthe general operating 

permit by the division. 

vm.L. 	 The general operating permits, as developed by the division. shall be required to 

Wldergo review by the Administrator, affected states and the public, as set forth in 

sections V.B., VI., and IX., ofthis Part C every five years. 

IX. 	 REVIEW BY AFFECTED STATES 

IX.A. 	 The division shall give notice ofeach draft operating permit to any affected state on 

or before the time that the division provides public notice under section VI. ofthis 

Part C, except where the requirements for timing of notices are different pursuant to 

sections X., X.I., and XII., ofthis Part C. 

IX.B. 	 The division shall notify the U.S. EPA and any affected state in writing ofany refusal 

by the division to accept all recommendations for the proposed permit that the 

affected state submitted during the public or affected state review period. Said notice 

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CODE OF COLORADO REGULATIONS 	 5 CCR 1001-5 

Page 140 

will include the division's reasons for not accepting any such recommendation. The 

division is not required to accept recommendations that are not based on applicable 

requirements. 

X. MINOR PERMIT MODIFICATION PROCEDURES 

XA Minor pennit modification procedures may be used only for those pennit 

modifications that: 

XAI. Do not violate any applicable requirement; 

XA.2. Do not involve significant changes to existing monitoring, reporting, or record 

keeping requirements in a pennit; 

XA.3. Do not require or change a case-by-case detennination ofan emission limitation or 

other standard or a source-specific detennination for temporary sources ofambient 

impacts, or a visibility or increment analysis; 

XA.4. Do not seek to establish or change a permit tenn or condition for which there is no 

corresponding underlying applicable requirement and that the source has assumed to 

avoid an applicable requirement to which the source would otherwise be subject. 

Such tenns and conditions include: 

XA4.a. 	 A federally enforceable emissions cap assumed to avoid classification as a 

modification under any provision ofTitle I ofthe Federal Act, including but 

not limited to modifications under Part 2 ofthe state Act (prevention of 

significant deterioration), Part 3 ofthe state Act (attainment),or New Source 

Perfonnance Standards (Regulation No.6); 

X.A4.b. 	 An alternative emissions limit approved pursuant to regulations promulgated 

under Colorado Revised Statute section 25-7-109.3 or section 112(i)(5) ofthe 

federal Act (Regulation No.8); 

XA5. 	 Are excepted from the definition ofmodification in Part A, section lB.36.e., ofthis 

Regulation No.3. 

X.A.6. 	 Are not otherwise required by the division to be processed as a significant 

modification. 

X.B. 	 Notwithstanding section X.A5., above and XI., below (group processing criteria), 

minor pennit modification procedures may be used for permit modifications 

involving the use of economic incentives, marketable permits, emissions trading, and 

other approved approaches, to the extent that such minor pennit modification 

procedures are otherwise provided for in the state implementation plan promulgated 

pursuant to the state Act. 

X.C. 	 An application for a minor permit modification shall be prepared on forms supplied 

by the division. 

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X.D. Applications shall meet the requirements ofan application for an operating permit as 

set forth in commission Regulation No.3, Part C, section III.• and be signed by a 

responsible official The applicant shall furnish all information and data required by 

the division to evaluate the minor permit modification application, and shall include 

the following: 

X.D.L A description of the change. the emissions resulting from the change, and any new 

applicable requirements that will apply ifthe change occurs; 

X.D.Z. The source's suggested draft permit; 

X.D.3. Certification by a responsible official that the proposed modification meets the 

criteria for use ofminor permit modification procedures and a request that such 

procedures be used; and 

X.DA. Completed forms supplied by the division for the division to use to notify the 

Administrator and affected states. 

X.D.S. Data necessary to allow the division to determine whether the source complies with: 

X.D.S.a. 	 All applicable emission control regulations; 

X.D.S.b. 	 Applicable regulations for the control ofhazardous air pollutants; 

X.D.5.c. 	 Requirements ofthe non attainment and attainment programs (sections 

IV.D.2., and IV.D.3., in Part B); and 

X.D.S.d. 	 Any applicable ambient air quality standards and all applicable regulations. 

When the data includes modeling, the model used shall be an appropriate one 

given the topography, meteorology, and other characteristics ofthe region 

which the source will impact; 

X.D.6. 	 Copies ofAir Pollutant Emission Notice(s) on file with the division indicating 

production/process rates for which the operating permit is to be evaluated, or, ifAir 

Pollutant Emission Notice(s) have not been previously filed, a new Air Pollutant 

Emission Notice(s) shall be submitted in accordance with Part A, section 11 The Air 

Pollutant Emission Notice fee will not be charged for submission ofcopies of current 

Air Pollutant Emission Notice(s) previously filed with the division. 

X.E. 	 An application for a minor permit modification will not be deemed to be complete 

until a1l information and data (including any required ambient air impact analysis in 

accordance with section VIII., of Part A) required to evaluate the application have 

been submitted to the division. 

X.F. 	 Within five working days ofreceipt ofa complete minor permit modification 

application, the division shall send a copy ofthe notice completed pursuant to section 

X.DA., above, to the Administrator. 

X.G. 	 Within five working days ofreceipt ofa complete minor permit modification 

application, the division shall send a copy ofthe notice completed pursuant to section 

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CODE OF COWRADO REGULATIONS 	 5 CCR 1001-5 

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X.D.4., above, to affected states. Notice to affected states shall not be required for 

minor sources that voluntarily apply for an operating permit to obtain the operational 

flexibility set forth in this Part C. The division shall notify the Administrator and any 

affected state ofany refusal by the division to accept all recommendations for the 

proposed revised permit under the minor permit modification procedures that the 

affected state submitted during its review period. The division shall include in such 

notice its reasons for not accepting any such recommendation. The division is not 

required to accept recommendations that are not based on applicable requirements 

under the state or Federal Act. Notice to affected states and to the Administrator is not 

required for minor modifications involving state-only conditions. 

X.H. 	 Within ninety calendar days ofreceipt ofa complete application for minor permit 

modification, or fifteen calendar days after the end ofthe Administrator's forty-five 

day review period, whichever is later, the division shall: 

X.H.1. 	 Issue the minor permit modification as proposed; 

X.H.2. 	 Deny the minor permit modification application; 

X.H.3. 	 Determine that the requested modification does not meet the minor permit 

modification criteria and should be reviewed under the significant modification 

procedures; or 

X.HA. 	 Revise the draft minor permit modification and transmit to the Administrator the new 

proposed minor permit modification as required in this Regulation No.3, Part C, 

section V.B.S. 

x.I. 	 A source shall be allowed to make the changes proposed in its application for minor 

permit modification immediately after it files such application. Ifthe source elects to 

make such changes, and until the division issues its final determination in accordance 

with sections H.I. - HA., above, the source must comply with both the applicable 

requirements governing the change and the proposed permit terms and conditions. 

During this time, the source does not need to comply with existing permit terms and 

conditions it seeks to modify, but ifthe source fails to comply with its proposed 

permit terms and conditions during this period, the existing permit terms and 

conditions it seeks to modify shall be fully enforceable by the division. 

XJ. 	 The permit shield shall not extend to minor permit modifications. 

X.K. 	 A permit modification for purposes ofthe acid rain portion of a permit shall be 

governed by regulations promulgated under Title N ofthe Federal Act, found at 

Code ofFederal Regulations Title 40, Part 72. 

XI. 	 PROCEDURES FOR GROUP PROCESSING OF MlNOR PERMIT 

MODIFICATION APPLICATIONS 

XI.A. 	 Group processing of applications for modifications eligible for minor permit 

modification processing may be used only for those permit modifications that: 

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Xl.A.I. Meet the requirements of Part C, sections X.A.l. - X.A.6., above, for minor permit 

modification procedures; and 

XI.A.2. That collectively are below the lowest threshold level as set forth below: 

XI.A.2.a. 	 Ten percent ofthe emissions allowed by the permit for the emissions unit for 

which the change is requested; or 

Xl.A.2.b. 	 Twenty percent of the applicable definition ofmajor source; or 

Xl.A.2.c. 	 Five tons per year, whichever is less. 

XI.B. 	 An application shall be filed with the division for each change the source proposes to 

make, describing the change and the new emissions resulting from the change and 

notifying the division that the source intends to request group processing of such 

minor modification applications in accordance with section Xl.C.4., below. An 

application for group processing of minor permit modifications shall be prepared on 

fotms supplied by the division. 

Xl.C. 	 Applications shall meet the requirements of an application for an operating petmit as 

set forth in commission Regulation No.3, Part C, section m., and be signed by a 

responsible official. The applicant shall furnish all infotmation and data (including 

any required ambient air impact analysis in accordance with section VIIl., ofPart A) 

required by the division to evaluate the minor permit modification application and 

shall include the following: 

XI.C.l. 	 A description of the change, the emissions resulting from the change, and any new 

applicable requirements that will apply ifthe change occurs; 

XI.C.2. 	 The source's suggested draft permit; 

XI.C.3. 	 Certification by a responsible official that the proposed modification meets the 

criteria for use ofgroup processing procedures and a request that such procedures be 

used; 

XI.C.4. 	 A list ofthe source's other pending applications awaiting group processing, and a 

determination ofwhether the requested modification, aggregated with these other 

applications, equals or exceeds the threshold set under sections Xl.A.2.a. - XI.A.2.c.; 

XI.C.5. 	 Certification by a responsible official that the source has notified the U.S. EPA of the 

proposed modification. Such notification need only contain a brief description of the 

requested modification; 

XI.C.6. 	 Copies of Air Pollutant Emission Notice(s) on file with the division indicating 

production/process rates for which the operating permit is to be evaluated, or, ifAir 

PolJutant Emission Notice(s) have not been previously filed, a new Air Pollutant 

Emission Notice(s) shall be submitted in accordance with Part A, section ll. The Air 

Pollutant Emission Notice fee will not be charged for submission ofcopies of current 

Air Pollutant Emission Notice(s) previously filed with the division. 

Regulation No.3 	 Part C, Page 143 

CODE OF COLORADO REGULATIONS 	 5 CCR 1001-5 

Page 144 

XI.C.7. 	 Completed forms for the permitting authority to use to notify the Administrator and 

affected states. Notice to affected states is not required for minor sources voluntarily 

applying for an operating permit to obtain the operational flexibility set forth in this 

Part C. Notice to affected states and the Administrator is not required for group 

processing ofminor modifications involving state-only conditions. 

XI.C.8. 	 As provided for in the state implementation plan, minor permit modifications made 

pursuant to this section XI., will not trigger the procedural requirements otherwise 

applicable for modifications pursuant to Part B. 

XI.D. 	 On a quarterly basis, or within five business days of receipt of an application 

demonstrating that the aggregate of a source's pending applications equals or exceeds 

the thresholds set forth in section XI.A.2., whichever is earlier, the division shall 

promptly notify the Administrator and affected states. A source shall only be allowed 

to aggregate its increased emissions caused by changes made in accordance with this 

section XI., during each five-year permit term, except that any aggregation of 

emissions that equals or exceeds the thresholds set forth in section A.2., shall trigger 

the procedural requirements set forth in this section XI. All aggregation of emissions 

not addressed through the procedures set forth in this section XI., shaH be 

incorporated into the operating permit upon renewal. 

The division shall promptly notify the Administrator and any affected state of any 

refusal by the division to accept all recommendations for the proposed revised permit 

under the group processing ofminor permit modifications that the affected state 

submitted during its review period. The division shall include in such notice the 

reasons for not accepting any such recommendation. The division is not required to 

accept recommendations that are not based on applicable requirements under the state 

or Federal Acts. 

XI.E. 	 Within one hundred and eighty calendar days of receipt of a complete application for 

group processing ofminor permit modifications under this section XI., or fifteen 

calendar days after the end ofthe Administrator's forty-five days review period, 

whichever is later, the division shall: 

XI.E.I. 	 Issue the minor permit modification as proposed; 

XI.E.2. 	 Deny the minor permit modification application; 

XI.E.3. 	 Determine that the requested modifications do not meet the minor permit 

modification criteria and should be reviewed under the significant modification 

procedures; or 

XI.E.4. 	 Revise the draft minor permit modification and transmit to the Administrator the new 

proposed minor permit modification. 

XI.F. 	 A source shall be allowed to make the changes proposed in its application for group 

processing ofminor permit modifications immediately after it files such application. 

Ifthe source elects to make such changes, and until the division issues its final 

determination in accordance with sections XI.E.I. - XLE.4., above, the source must 

Regulation No.3 	 Part C, Page 144 

5 CCR 1001-5 	 CODE OF COLORADO REGULATIONS 

c 2002 Weil Publishing for the State of Colorado 25 CR 12, 12-02 Page 145 

All Rights Reserved 

comply with both the applicable requirements governing the change and the proposed 

permit terms and conditions. During this time, the source does not need to comply 

with existing permit terms and conditions it seeks to modify, but ifthe source fails to 

comply with its proposed permit terms and conditions during this period, the existing 

permit terms and conditions it seeks to modify shall be fully enforceable by the 

division. 

XlG. The permit shield shall not extend to minor permit modifications made pursuant to 

the group processing procedures in this section Xl 

XII. OPERATIONAL FLEXIBILITY 

XII.A Section 502(b)(IO) changes 

XII.A.t. No permit revision is necessary for changes within a permitted facility, ifthe changes 

are excepted from the definition ofmodification in Part A, section 1.B.36.e., ofthis 

Regulation No.3, and the changes do not exceed the emissions allowable under the 

permit, whether expressed therein as a rate ofemissions or in the terms oftotal 

emissions, and provided that notice is provided to the division as set forth below: 

Xn.AI.a. 	 For each such change, the facility shall provide the Administrator and the 

division with a minimum ofseven days' written notification in advance ofthe 

proposed changes. The notice must be received by the division no later than 

seven days in advance ofthe proposed changes. The source, the division, and 

the Administrator shall attach each such notice to their copy ofthe relevant 

permit; 

xn.A.I.b. 	 For each such change, the written notification required above shall include a 

briefdescription ofthe change within the permitted facility, the date on which 

the change will occur, any change in emissions, and any permit term or 

condition that is no longer applicable as a result ofthe change; 

XII.A.I.c. 	 A source shall be allowed to make such change proposed in its notice on the 

day following the last day ofthe advance notice described in this section ifthe 

division has not responded nor objected to the proposed change on or before 

that day; and 

XII.AI.d. 	 The permit shield shall not apply to any changes made pursuant to this 

section. Ifsubsequent changes cause the facility's operations and emissions to 

revert to those anticipated in the operating permit, the permittee resumes 

compliance with the terms and conditions ofthe permit, and has provided the 

division and Administrator with a minimum ofseven days advance notice of 

such changes in accordance with the provisions ofsection XII.A.I.a., above, 

the permit shield may be reinstated in accordance with the terms and 

conditions stated in the operating permit. 

XII.A.2. 	 Changes made pursuant to this section XII.A., shall be incorporated into the operating 

permit at the time ofrenewal, at which time the permit shield shall apply. 

Regulation No.3 	 Part C, Page 145 

CODE OF COLORADO REGULATIONS 	 5 CCR 1001-5 

Page 146 

XII.B. 	 Off Permit Changes 

No permit revision shall be necessary for changes within a permitted facility, not 

otherwise addressed or prohibited in the permit or in the provisions ofthis section 

XIIB., governing offpermit changes. This provision shall apply to changes which 

are excepted from the definition ofmodification in Part A, section 1B.36.e., ofthis 

Regulation No.3., or ifsuch changes are subject to requirements ofTitle N ofthe 

Federal Act (acid rain program). As provided for in the state implementation plan, 

changes made pursuant to this section XII.B., shall not trigger the procedural 

requirements contained in Part B, for obtaining a construction permit. 

XII.B.I. 	 Each such change shall meet all applicable requirements and shall not violate any 

existing permit term or condition. 

XII.B.2. 	 The source must provide contemporaneous written notice to the permitting authority 

and the Administrator ofeach such change, except for changes that have been 

determined to be insignificant by the commission pursuant to regulation. Such 

written notice shall describe each such change, including the date, any change in 

emissions, pollutants emitted, and any applicable requirement that would apply as a 

result ofthe change. A revised Air Pollutant Emission Notice shall be submitted in 

accordance with the provisions ofPart A, section II., along with the written notice 

required in this section XII.B.2. 

XII.B.3. 	 The permit shield shall not apply to any such change made pursuant to this section 

XII.B. 

XIIB.4. 	 The source shall keep a record describing changes made at the source that result in 

emissions ofa regulated air pollutant subject to an applicable requirement, but not 

otherwise regulated under the permit, and the emissions resulting from those changes, 

including any other data necessary to show compliance with applicable ambient air 

quality standards. 

XII.B.5. 	 Changes made pursuant to this section XII.B.. shall be incorporated into the operating 

permit at the time ofrenewal. 

XIII. 	 REOPENING FOR CAUSE OF PERMITS ISSUED PURSUANT TO PART C 

XIIIA. 	 A permit issued pursuant to Part C ofthis commission Regulation No.3, shall be 

reopened and revised under any ofthe following circumstances: 

XIIIA.I. 	 Additional applicable requirements become applicable to a major source with a 

remaining permit term ofthree or more years. Such reopening shall be completed no 

later than eighteen months after promulgation ofthe applicable requirement. No such 

reopening is required ifthe effective date ofthe requirement is later than the date on 

which the permit is due to expire, unless the original permit or any ofits terms and 

conditions has been extended, or ifa general permit is obtained to address the new 

requirement pursuant to section VIII.A.2.; 

Regulation No.3 	 Part C, Page 146 

5 CCR 1001-5 	 CODE OF COLORADO REGULATIONS 

II) 2002 Wei! Publishing for the State of Colorado 25 CR 12, 12-02 	 Page 147 

All Rights Reserved 

XIll.A.2. 	 Additional requirements (including excess emissions requirements) become 

applicable to an affected source under the acid rain program. Upon approval by the 

Administrator, excess emissions offset plans shall be deemed to be incorporated into 

the permit; 

XIII.A.3. 	 The division or the Administrator determines that the permit contains a material 

mistake or that inaccurate statements were made in establishing the emissions 

standards or other terms or conditions ofthe permit; 

XllI.A.4. 	 The division or the Administrator determines that the permit must be revised or 

revoked to assure compliance with the applicable requirements; 

XllI.A.5. 	 Permit reopening and reissuance shall be processed using the procedures set forth in 

Part C, sections DI., IV., and V., ofthis commission Regulation No.3 for permit 

issuance and permit renewal; 

xm.A.6. 	 Proceedings to reopen and reissue permits affect only those parts ofthe permit for 

which cause to reopen exists; and 

XIII.A.7. 	 Reopening under this section ofPart C shall not be initiated before notice ofsuch 

intent is provided to the source by the division at least thirty days in advance ofthe 

date that the permit is to be reopened. The division may provide a shorter time period 

within which to give notice in the case of an emergency. 

XDI.B. 	 The division shall extend the permit shield to those parts ofthe permit that have been 

changed pursuant to the reopening and reissuance proceedings ofthis section ofPart 

C. 

XIII.C. 	 A source may choose to have its operating permit renewed during any proceeding for 

reopening the permit under this section, provided a complete application is submitted 

pursuant to Part C. 

XIV. 	 COMPLIANCE ASSURANCE MONITORING 

The regulations promulgated by the U.s. EPA listed in section XIV.A.I. below, are 

hereby incorporated by reference by the commission and made a part ofthe Colorado 

commission regulations. Materials incorporated by reference are those in existence as 

ofthe date indicated and do not include later amendments. The material incorporated 

by reference is available for public inspection during regular business hours at the 

Office ofthe Commission.locatcd at 4300 Cherry Creek Drive South, Denver, 

Colorado 80246-1530, or may be examined at any state publications depository 

library. Parties wishing to inspect these materials should contact the Technical 

Secretary ofthe commission, located at the office ofthe commission. 

XIV.A.I. 	 Air Pollution Control, Monitoring, Operating Permits, Reporting and Record Keeping 

Requirements: Compliance Assurance Monitoring, Code ofFederal Regulations Title 

40, Parts 64 and 70.6, October 22, 1997 (62 FR 54900). 

Regulation No.3 	 Part C, Page 147 

CODE OF COLORADO REGULATIONS 	 5 CCR 1001-5 

Page 148 

Air Pollution Control, Monitoring, Operating Permits, Reporting and Record keeping 

Requirements: Compliance Assurance Monitoring, Code ofFederal Regulations Title 

40, Parts 64, 70.6 and 71.6, October 22, 1997 (62 FR 54900 

Regulation No. 3 Part C, Page 148 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 

c 2002 Weil Publishing for the State of Colorado 25 CR 12, 12-02 Page 149 

All Rights Reserved 

APPENDIX A 

Method For Detennining De Minimis Levels 


For Non-Criteria Reportable Pollutants 


The following procedures must be followed in order to determine the appropriate de minimis 

(minimum) reporting level for each pollutant that is emitted from each emission point at a 

contiguous site. If you do not wish to use the three-scenario approach at yOUT facility, you may 

elect to use Scenario 1 for all emission points. 

Definitions 

Release Point - the lowest height above ground level from which the pollutants are emitted to the 

atmosphere. 

Property Boundary - the distance from the base of the release point to the nearest property 

boundary. 

Point - an individual emission point or a group ofindividual emission points reported on one Air 

Pollutant Emission Notice as provided for in Part A, section ll.B.4. 

Methodology 

To detennine the de minimis level for a single pollutant being emitted from a point (single or 

grouped). 

STEP 1: 

Detennine which ofthe three scenarios below applies to the emission point. Ifdifferent scenarios 

can be applied to the same emission point, use the highest numbered scenario that applies. In the 

case of grouped emission points, use the lowest scenario number (for the entire group) that 

applies to any ofthe single emission points within the group. 

Scenario 1: 	 Release point less than 10 meters or property boundary less than 100 meters; 

Scenario 2: 	 Release point equal to or greater than 10 meters, but less than 50 meters, or 

property boundary equal to or greater than 100 meters, but less than 500 meters; 

or 

Scenario 3: 	 Release point equal to or greater than 50 meters, or property boundary equal to or 

greater than 500 meters. 

Regulation No.3 Appendix A 	 Page 150 

CODE OF COLORADO REGULATIONS 	 5 CCR 1001-5 
Page 150 

STEP 2: 


Use Appendix B to identify which ofthe three bins (Bin A, B, or C) the chemical is listed under. 


If the pollutant is not listed, it does not have to be reported unless it is included in a chemical 


compound group. 


STEP 3: 


Use the table below to detennine the de minimis level. 


All values are in pounds per year. 


Scenario 1 Scenario 2 Scenario 3 

Chemical Bin De Minimis De Minimis De Minimis 

Bin A 50 125 250 

BinB 500 1250 2500 

BinC 1000 2500 5000 

STEP 4: 

Repeat the above steps for each pollutant emitted from each emission point (single or grouped). 

One Air Pollutant Emission Notice must be filed for each emission point that emits one or more 

chemicals above the de minimis level. 

Regulation No.3 Appendix A Page 151 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 

~ 2002 Weil Publishing for the State of Colorado 25 CR 12, 12-02 Page 151 

All Rights Reserved 

APPENDIXB 

NON-CRITERIA REPORTABLE POLLUTANTS 

(Sorted by BIN) 

Note: 	HAP means federal, or federal and state hazardous air pollutant 

HAPs means state-only hazardous air pollutant 

CAS 

lAP 7934 

lAP 7900 

lAP 7535 

lAP 57147 

~ 120821 

~ 96128 

~ 122667 

~ 106887 

~ 75558 

~ 10699 

lHAP 54 

HAPs 55 

.HAP 1 

HAPs 7644410 

~ 123911 

~ 1746016 

~ 8 

nAP 947 

~ 512 

fElAP 1211 

nAP 584 

91087 

fElAP 532274 

~ 79469 

~ 119937 

~ 91941 

~ 119904 

HAP 101144 

!HAP 101779 

!HAP 534521 

Regulation No. 3 

Toxics 


1,2,2-Tetrachloroethane 


1,2-Trichloroethane 


1,I-Dichloroethylene (Vinylidene chloride) 

1, I-Dimethyl hydrazine 

1,2,4-Trichlorobenzene 

1,2-Dibromo-3-chloropropane 

1,2-Diphenylbydrazine 

1,2-Epoxybutane 

2-Propylenimine (2-Methyl aziridine) 


3-Butadiene 


Dichloropropene 

1,4-Butanediol dimethanesulphonate 

l,4-Dichlorobenzene 

1,4-Dichloro-2-butene 

l,4-Dioxane (1,4-Diethyleneoxide) 

12,3,7,8-TCDD (Dioxin) 

,4,6-Trichlorophenol 

,4-D, salts and esters (2,4-Dichlorophenoxyacetic acid) 

Dinitrophenol 

Dinitrotoluene 

2,4-Toluene diisocyanate 

2,6-Toluene diisocyanate 

2-Chloroacetophenone 

2-Nitropropane 

3,3'-Dimethyl benzidine 

3,3-Dichlorobenzidene 

3,3-Dimethoxybenzidine 

4,4-Methylene bis (2-chloroaniline) 

4,4-Methylenedianiline 

4,6-Dinitro o-cresol, and salts 

Appendix B 

BIN1 


A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

152 

Page 

CODE OF COLORADO REGULATIONS 5 CCR 1001~5
Page 152 

APPENDIXB 

NON-CRITERIA REPORT ABLE POLLUTANTS 

(Sorted by BIN) 

Note: 	HAP means federal, or federal and state hazardous air pollutant 

HAPs means state-only hazardous air pollutant 

CAS 

HAP 92671 

HAP 75070 

HAP 75058 

HAP 107028 

[HAP 79061 

[HAP 79107 

[HAP 107131 

[HAPs 1402682 

116063 

[HAPs 309002 

lO7186 

[HAP 107051 

20859738 

HAP 62533 

HAP C 

86884 

HAP 0 

HAP 1332214 

fIAP 71432 

~ 92875 

HAP 98077 

HAP 100447 

HAP 0 

lIAP 542881 

lIAP 117817 

7726956 

lIAP 75252 

lIAP 0 

lIAP 156627 

HAP 133062 

Regulation No.3 

Toxics 

I4-Aminobiphenyl 

iAcetaldehyde 

iAcetonitrile 

iAcrolein 

iAcrylamide 

iAcrylic acid 

iAcrylonitrile 

iAflatoxins 

iAIdicarb (Temik) 

Aldrin 

Allyl alcohol 

Allyl chloride 

Aluminum phosphide 

Aniline 

Antimony compounds 

ANTU (alpha-naphthylthiourea) 

Arsenic compounds 

Asbestos 

Benzene 

Benzidine (p-Diamino diphenyJ) 

Benzotrichloride 

~enzyl chloride, (Chloromethyl)benzene 

Beryllium compolUlds 

Bischloromethyl ether 

BIN 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


ij= 


A 

A 

A 

A 

A 

A 

A 

A 

A 

A 

Bis(2-ethylhexyl) phthalate (DEHP) (Dioctyl phthalate) A 

Bromine A 

Bromoform A 

Cadmium compounds A 

Calcium cyanamide A 

Captan A 

153 

AppendixB Page 

5 CCR 1001-5 	 CODE OF COLORADO REGULATIONS 

(t) 2002 Wei! Publishing for the Slate of Colorado 25 CR 12, 12-02 Page 153 

An Rights Reserved 

APPENDIXB 

NON-CRITERIA REPORTABLE POLLUTANTS 

(Sorted by BIN) 

Note: HAP means federal, or federal and state hazardous air pollutant 

HAPs means state-only hazardous air pollutant 

CAS 

156366.i 

HAP 7515(J 

HAP 56235 

HAP 120809 

HAP 133904 

HAP 57749 

HAP 7782505 

HAP 79118 

!HAP 108907 

107073 

!HAP 67663 

!HAP 107302 

HAP 126998 

HAP 0 

HAP 0 

!HAP 0 

!HAP 1319773 

4170303 

123739 

HAP 98828 

HAP 0 

HAP 3547044 

8065483 

HAP 334883 

19287457 

HAP 111444 

HAP 62737 

141662 

HAPs 60571 

HAP 111422 

Regulation No.3 

ToJe'ics 

!\--arbofuran 

~arbon disulfide 

Carbon tetrachloride 

Catechol 

ploramben (3-amino-2,5-dichloro benzoic acid) 

~ordane 

Chlorine 

thloroacetic acid 

thlorobenzene 

Chloroethanol 

Chlorofonn (Trichloromethane) 

ChIoromethyl methyl ether 

Chloroprene (2-Chloro-l.3-butadiene) 

Chromium compounds (incl. 6+ compounds, etc.) 

Cobalt compounds (as cobalt metal dust and fumes) 

Coke Oven Emissions 

Cresylic acidlCresols 

Crotonaldehyde 

Crotonaldehyde (E) 

Cumene 

Cyanide compounds 

DOE (Dichlorodiphenyldichloroethylene) 

Demeton 

Diazomethane 

Diborane 

Dichloroethyl ether (Bis(2-chloroethyl)ether) 

Dichlorvos 

iDicrotophos 

iDieldrin 

lDiethanolamine 

AppendixB 

BINI 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


154 

Page 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 

Page 154 

APPENDIXB 


NON-CRITERIA REPORTABLE POLLUTANTS 


(Sorted by BIN) 


Note: HAP means federal. or federal and state hazardous air pollutant 

HAPs means state-only hazardous air pollutant 

CAS Toxies 

115264 lDimefox 

60515 lDimethoate 

HAP 77781 lDimethyl sulfate 

~ 68122 lDimethylformamide 

78342 lDioxathion 

152169 lDiphosphoramide.octamethyl 

298044 lDisulfoton 

115297 IEndosulfan 

72208 fEndrin 

HAP 106898 IEpichiorohydrin (I-Chloro-2,3-epoxypropane) 

563122 fEthion 

HAP 140885 fEthyl acrylate 

HAP 106934 !Ethylene dibromide (I,2-Dibromoethane) 

HAP 107062 !Ethylene dichloride (I,2-Dichloroethane) 

~ 151564 !Ethylene imine (Aziridine) 

HAP 75218 !Ethylene oxide 

HAP 96457 !Ethylene thiourea 

22224926 lFenaminophos (Fenamiphos) 

115902 Fensulfothion 

~ 0 Fine mineral fibers 

944229 Fonofos 

~ 50000 Formaldehyde 

110009 Furan 

~ 0 IGlycol ethers 

HAP 76448 !Heptachlor 

~ 118741 !Hexachlorobenzene 

~ 87683 lHexachiorobutadiene 

~ 77474 lHexach]orocyciopentadiene 

~ 67721 lHexachloroethane 

~ 822060 lHexamethylene-I,6-diisocyanate 

Regulation No.3 AppendixB 

BIN 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


~ A 

A 

155 

P,e 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 

10 2002 Weil Publishing for the State of Colorado 25 CR 12, 12-02 Page 155 

All Rights Reserved 

APPENDIXB 


NON-CRITERIA REPORTABLE POLLUTANTS 


(Sorted by BIN) 


Note: HAP means federal, or federal and state hazardous air pollutant 

HAPs means state-onlv hazardous air pollutant 

CAS Toxies 

HAP 3u:,wu fHydrazine 

~ ~rochlOriC acid (Hydrogen cbloride) 

HAP 

IHAP 78591 

4098719 

IHAP 0 

IHAP ­

IHAP 0 

950107 

~AP 0 

126987 

10265926 

~ 

~ 

~ 

!HAP 

!HAP 

!HAP 

~ 

~ 

!HAP 

HAP 

Regulation No.3 

950378 

1 

86500 

74839 

74873 

60344 

748~ 

62483~ 

74931 

7509~ 

10168~ 

7786341 

50560~ 

121691 

( 

54115 

ydrogen fluoride (Hydrofluoric acid) 


ydrogen sulfide 


odrin 

~phorone 

~sophorone diisocyanate 

!Lead compounds (exept elemental lead) 

!Lindane (all isomers ofhexachlorocyclohexane) 

lManganese compounds 

Mephosfo]an 

Mercury compounds 

Methacrylonitrile 

itdethamidophos 

[Methidathion 

[Methoxychlor 

[Methyl azinphos 

lM:ethyl bromide (Bromomethane) 

lM:ethyl chloride (Chloromethane) 

lMethylhydrazine 

lMetbyl iodide (Iodometbane) 

lMethyl isocyanate 

lMetbyl mercaptan (Metbanethiol) 

lMethylene chloride (Dichloromethane) 

lMethylene diphenyl diisocyanate (MDl) 

lM:evinphos 

lM:ustard gas (Dichlorodiethyl sulfide) 

IN,N-Diethyl aniline (N,N-Dimethylaniline) 

Nickel compounds (incl. nickel subsulfide) 

lNicotine 

Appendix B 

BIN 

A 

A 

A 

A 

A 

A 


A 


A 


A 


A 


A 


A 

A 


A 


A 

A 


A 


A 


A 


A 


A . 

A 


A 


A 


A 


156 

Page 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5
Page 156 

APPENDIXB 

NON-CRITERIA REPORTABLE POLLUTANTS 

(Sorted by BIN) 

Note: 	HAP means federa1, or federal and state hazardous air pollutant 

~ 

HAPs means state-only hazardous air pollutant 

To"c. itric acid 

HAP 9 itrobenzene 

55185 -Nitrosodiethylamine 

jiAP 627HNilrosodimethYlamine 

iHAPs 92416 

iHAP 9004(J 

IHAP 95534 

1910425 

2074502 

!HAP 56382 

298000 

IHAP 8268B 

IHAP 87865 

IHAP 127184 

IHAPs 122601 

298022 

!HAP 75445 

!HAP 7803512 

!HAP 772314C 

HAP 1336363 

HAP 0 

HAP 57578 

HAP 114261 

HAP 78875 

HAP 75569 

HAP 106445 

HAP 91225 

HAP 106514 

HAP 0 

HAP 0 

Regulation No.3 

-Nitroso-di-n-butylamine 

p-.Anisidine 

p-Toluidine 

Paraquat 

!Paraquat methosulfate 

!Parathion 

!Parathion-methyl 

!Pentachloronitrobenzene (Quintobenzene) 

!Pentachlorophenol 

!Perchloroethylene (Tetrachloroethylene) 

!Phenyl glyceryl ether (3 phenoxy 1,2 propanediol) 

!Phorate 

IPhosgene 

IPhosphine 

!Phosphorous 

Polychlorinated biphenyls (PCBs) (Aroc1ors) 

rOLYCYLIC ORGANIC MAlTER 

!Propioiactone, beta 

~xur (Baygon) 

rropylene dichloride (1,2-Dichloropropane) 

Propylene oxide 

p-Creso) 

Quinoline 

Quinone 

iRadionuclides (including radon) 

~elenium compounds 

AppendixB 

BIN 

A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 

A 

ijJ 


A 


A 


A 


A 


A 

A 

A 

A 


A 


A 


A 


157 

Page 

5 CCR 1001-5 	 CODE OF COLORADO REGULATIONS 

~ 2002 Wei! Publishing for the State of Colorado 25 CR 12, 12-02 Page 157 

All Rights Reserved 

APPENDIXB 

NON-CRITERIA REPORTABLE POLLUTANTS 

(Sorted by BIN) 

lNote: 	 HAP means federal, or federal and state hazardous air pollutant 

HAPs means state-only hazardous air pollutant 

CAS 

62748 

131522 

57249 

0 

3689245 

4809 

107493 

13071799 

509148 

- 108985 

HAP 8001352 

HAP 121448 

HAP 1582098 

HAP 593602 

HAP 75014 

81812 

12906(J 

1314841 

~ 1120714

~ 95807

~s 132274 

~s 60153493 

~ 76 

iHAPs 11528 

iHAPs 108171262 

iHAP 510156 

iHAPs 117102 

iHAPs 

U 

~ Regulation No.3 

To;jcs 

lSodium fluoroacetate 

lSodium pentachlorophenate 

IStrychnine 

lSulfotep 

jrellurium 

jrEPP (Tetraelhyldithiopyrophosphate) 

jrerbufos 

jretranitromethane 

jrhallium compounds 

jrhiophenol (phenyl mercaptan) 

Iroxaphene (Camphechlor) 

Irriethylamine 

[rrifluralin 

lVinyl bromide 

lVinyl chloride 

lWarfarin 

Warfarin sodium 

Zinc phosphide 

1,3-Propane sultone 

2,4-Toluene diamine 

2-BiphenyJoJ sodium salt 

P-(N-Nitrosomelhylamine) (Propionitrile) 

amide 

oma 

!Chlorendic acid 

!Chlorinated paraffins (CI2, 60% chlorine) 

!ChJorobenzi late (elhyl-4,4'-dichlorobenzilate) 

IChrysazin (l)Orbane) 

ICI Solvent Orange 2 

lDiepox }'butane 

Appendix B 

BIN 

A 

A 

A 

A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


A 


AI 


A 


A 


A 


B 


B 


B 

B 

B 


B 


B 


B 


B 

B 

B 

B 

158 

Page 

CODE OF COLORADO REGULATIONS 	 5 CCR 1001-5 

Page 158 

APPENDlXB 

NON-CRITERIA REPORTABLE POLLUTANTS 

(Sorted by BIN) 

Note: HAP means federal, or federal and state hazardous air pollutant 

HAPs means state-only hazardous air pollutant 

CAS 

HAP 64675 

1642542 

~ 60117

~ 79447

~s 2475458 

IHAP 51796

75343 

14449<J 

IHAP 

680319 

55914 

IHAPs 64091914 

16752775 

IHAP 

F 


79221 

Toxics 

!Diethyl sulfate 

iDiethylchlorophosphate 

iDimethyl arninoazobenzene 

!Dimethyl carbamoyl chloride 

!Disperse Blue 1 

IEthyl carbamate (Urethane) 

Ethylidene dichloride (1, I-Dichloroethane) 

Fluoracetic acid 

Hexamethylphosphoramide 

sofluorphate 

Ketone, 3-pyridyl-3-(N-methyl-N-nitrosoarnino) propyl 

Methomyl 

Methyl ch1orofonnate 

raM 108~ Methyl isobutyl ketone (MIBK) (Hexone) 

~s 78988 

!HAP 108394 

!HAP 91203 

HAPs -

HAP 59892 

HAP 684935 

2313522C 

IHAP 95487 

732116 

HAP 85449 

107448 

7664939 

77816 

110576 

HAP 71556 

HAP 5408411 

Regulation No.3 

Methylglyoxal 

m-Cresol 

Naphthalene 

INitrilotriacetic acid, Ca-, Na-, K salts 

iN-Nitrosomorpholine 

IN-nitroso-N-methylurea 

Pxamyl 

p-Cresol 

IPhosmet 

IPhthalic anhydride 

~arin 

~ulfuric acid 

lTabun 

ITrans 1,4-dichlorobutene 

l,l,l-Trichloroethane (Methyl chlorofonn) 

~,2,4-Trimethylpentane 

AppendixB 

BIN 

B 

B 

B 

B 

B 

B 

B 

B 

B 

B 

B 

B 


B 


B 


B 


B 


B 


B 


B 


B 


B 


B 


B 


B 


B 


B 


B 


B 


C 


C 


159 

Page 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 

I 

t 

02002 Wei! Publishing for the State of Colorado 25 CR 12, 12-02 Page 159 

All Rights Reserved 

I 

! 

I 

I 

APPENDIXB 

NON-CRITERIA REPORTABLE POLLUTANTS 

(Sorted by BIN) 

Note: HAP means federal, or federal and state hazardous air pollutant 

HAPs means state-only hazardous air pollutant 

CAS 

HAP 95954 

HAP 53963 

HAP 111762 

~ 92933 

~ 100027 

~ 98862 

814686 

54626 

78535 

3734972 

88051 

139794 

HAP 92524 

534076 

10294345 

28772567 

HAP 63252 

HAP 463581 

786196 

470906 

24934916 

3691358 

1982474 

21923239 

56724 

5836293 

53589, 

675149 

66819 

1089Hl 

Regulation No.3 

Toxics 

2.4.5-Trichlorophenol 

2-Acetylaminofluorene 

~-Butoxyethanol 

I4.Nitrobiphenyl 

I4-Nitrophenol 

iAcetophenone 

iAcrytyl chloride 

lAminopterin 

lAmiton 

lAmiton oxalate 

IAniline,2.4.6-Trimetbyl 

timycinA 

iBiphenyl 

Bis( chloromethyl)ketone 

iBoron trichloride 

iBromodiolone 

~arbaryl 

Carbonyl sulfide 

~arbophenothion 

~orfenvinfos 

~ormephos 

~lorophacinone 

~loroxuron 

~orthiophos 

Coumaphos 

Coumatetralyl 

Crimidine 

Cyanuric fluoride 

Cyclohexamide 

Cyciohexylamine 

AppendixB 

BIN 

if 


C 


C 


C 


C 


C 


C 


C 


C 


C 


C 


C 


C 


C 


C 


C 


C 


C 


C 


C 


C 


C 


C 


C 


C 


C 


C 


C 


C 


160 

Page 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 

Page 160 

APPENDIXB 

NON-CRITERlA REPORTABLE POLLUTANTS 

(Sorted by BIN) 

!Note: 	HAP means federal, or federal and state hazardous air poJlutant 

HAPs means state-only hazardous air pollutant 

CAS 

919868 

10311849 

!HAP 13~ !HAP 84742 

14974<l 

!HAP 131113 

75183 

252403(] 

99989 

644644 

1420071 

82666 

541537 

2778043 

13194484 

2642719 

!HAP 100414 

538078 

!HAP 75003 

107153 

iHAP ~ 542905 

122145 

4301502 

7~ 

359068 

t---Ts¥of39 
 2540821 

Regulation No.3 

Toxics 

lDemeton-s-methyl 

Dialifor 

Dibenzofurans 

Dibutyl phthalate 

Dichloromethylphenylsilane 

Dimethyl phthalate 

Dimethyl sulfide (Methyl sulfide) 

Dimethylphosphorochloridothioate 

Dimethyl-p-phenylenediamine 

Dimetilan 

Dinoterb 

Diphacinone 

Dithiobiuret 

Endothion 

Ethoprophos (Ethoprop) 

!Ethyl azinphos 

~thyl benzene (Phenyl ethane) 

~thyl bis (2-chloroethyl)amine 

~thyl chloride (Chloroethane) 

~thylene diamine 

~thylene fluorohydrin 

!Ethylene glycol 

!Ethylthiocyanate 

IFenitrothion 

IFluenetii 

IFluorine 

IFluoroacetamide 

IFluoroacetyl chloride 

lForrnotanate hydrochloride 

lForrnothion 

Appendix B 

BIN 

C 

C 

C 

C 

C 

C 

C 

C 

C 

C 

C 

C 

C 

C 

C 

C 

C 

C 

C 

C 

C 

C 

C 

C 

C 

C 

C1 


C 


C 


C 


161 

Page 

5 CCR 1001-5 	 CODE OF COLORADO REGULATIONS 

c 2002 Weil Publishing for the State of Colorado 25 CR 12, 12-02 Page 161 

All Rights Reserved 

APPENDIXB 

NON-CRITERIA REPORTABLE POLLUTANTS 

(Sorted by BIN) 

Note: HAP means federal, or federal and state hazardous air pollutant 

HAPs means state-only hazardous air pollutant 

Toxics 

onnparanate 

lFosthietan 

~ 3878191 lFuberidazole 

A2~ lHexamethylenediamine. N,N-dibutyl 

11 

~ 123319 

297789 

108236 

625558 

11938() 

21609905 

~ 1083Hi

HAP 67561 

2032657 

62492(] 

~ 78933 

I 556616 ffi80621i 


73523, 

78944 

315184 

HAP 1634044 

HAP 108383 

1122607 

991424 

~s 615532 

2497076 

- ~ 95476 

7921() 

Regulation No.3 

lHexane 

lHydroquinone 

~sobenzan 

~sopropyl chlorfonnate 

~sopropyl fonnate 

~sopropylmethylpyrazolyl dimethylcarbamate (Iso Ian) 

!LePtophos 

lMaleic anhydride 

lMethanol (Methyl alcohol) 

lMethiocarb 

lMethyl disulfide 

!Methyl ethyl ketone (MEK) (2-Butanone) 

lMethyl isothiocyanate 

lMethyl methacrylate 

Methyl phenkapton 

Methyl vinyl ketone (3-butene-2-one) 

Mexacarbate 

MTBE (Methyl tertiary butyl ether) 

m-Xylene 

lNitrocyc1ohexane 

lNorbormide 

IN-nitroso-N-methylurethane 

iOxydisulfoton 

pzone depleting compounds (CFC, etc.) 

p-Xylene 

!peracetic acid 

Appendix B 

BIN 


C 


C 


C 


C 


C 


C 


C 


C 


C 


C 


C 

m 


E

C 


C 


C 


C 


C 


C 


C 


C 


C 


C 


C 


W 


162 

Page 

CODE OF COLORADO REGULATIONS 	 5 CCR 1001-5 

Page 162 

~ APPENDIXB 


NON-CRITERIA REPORTABLE POLLUTANTS 


(Sorted by BIN) 


Note: HAP means federal, or federal and state hazardous air pollutant 

HAPs means state-only hazardous air pollutant 

CAS Toxics BIN 

fHAP 108952 iPhenol C 

64~henol,3-(I-methYlethYI)-methYlCarbamate C 

94702 hosfolan C 

13171216 iPhosphamidon C 

110894 !Piperidine C 

23505411 iPirimifos-ethyl C 

263137() iPromecarb C 

106967 lProPargyl bromide C 

fHAP 123386 iPropionaldehyde C 

140761 iPyridine, 2-methyI-5-vinyl C 

53558251 iPyrlminil C 

~ 106503 tp-Phenylenediamine C 

fHAP 106423 tp-Xylene C 

60413 IStrychnine sulfate C 

~ 100425 iStyrene C 

~ 96093 IStyrene oxide C 

7446119 Sulfur trioxide C 

297972 Thionazin (0,0 diethyl-0-2­ .. Iphosphorothioate) I C I 

79196 Thiosemicarbizide I C I 

fHAP 7550450 Titanium tetrachloride C 

~ 108883 Toluene C 

HAP 79016 Trichloroethylene (TCE) C 

555771 Tris(2-chloroethyl)amine C 

2001958 Valinomycin C 

HAP 108054 Vinyl acetate C 

HAP 1330207 Xylene (and mixed isomers) C 

28347139 Xylylene dichloride ~ 

163 

Regulation No.3 AppendixB Page 

,J 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 

c 2002 Weil Publishing for the State of Colorado 25 CR 12, 12-02 Page 163 

All Rights Reserved 

APPENDIXB 

NON-CRITERIA REPORTABLE POLUITANTS 

(Sorted by CAS) 

-

Note: HAP means federal, or federal and state hazardoult air poIJutant 

HAPs means state-only hazardous air pollutant 

CAS Toxics BIN 

HAP - ~dane (all isomers ofhexachlorocYClobexane) A 

- lium compounds A: 

~s - lNitrilotriacetic acid, Ca-, Na-, K salts B 

~one depleting compounds (CFC. etc.) C .. tRAP IADtimony compounds A 

~ (J ArSemc compounds A 

~ b Beryllium compounds A 

~ () \....admium compounds A 

~ () drromium compounds (incl. 6+ compounds, etc.) A 

HAP 0 \....obalt compounds (as cobalt metal dust and fumes) A 

HAP (j Coke Oven Emissions A 

HAP (J Cyanide compounds A 

HAP () Fine mineraI fibers A 

HAP 0 Glycol ethers A 

HAP 0 Lead compounds (exept elementa11ead) A 

HAP 0 Manganese compounds A 

HAP (j Mercury compounds A 

HAP ( Nickel compounds (incl. nickel subsulfide) A 

~ (J Polycyclic Organic Matter A 

~ (] It{adfonuc1ides (including radon) A 

~ (] Selenium compounds A 

~ 50000 Formaldehyde A 

aAP 51285 2,4-Dinitrophenol A: 

aAP 51796 ~thyl carbamate (Urethane) B 

aM> 53%3 2-Acetylaminofluorene C 

54115 Nicotine A 

54626 Aminopterin C 

HAPs 55185 N-Nitrosodiethylamine A 

164 

Regulation No.3 AppendixB Page 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 164 

APPENDIXB 

NON-CRITERIA REPORTABLE POLLUTANTS 

(Sorted by CAS) 

lNote: HAP means federal, or federal and state hazardous air pollutant 

HAPs means state-only hazardous air pollutant 

CAS 

55914 

IHAPs 55981 

IHAP 56235

IHAP 56382 

56724 

5714} fHAP 

57245 

~ 5757~

~ 57745

~ 59892

6011"1 !HAP 

60344 

60355 

IHAP 

IHAP 

60413 

60515 

fHAPs 

~ 605i=idrin 6253

~ 62737

62748 

IHAP 6275~

IHAP 63252

6400t 

6467: IHAP 

668g 

fHAP 67561 

fHAP 67663 

fHAP 67721 

tRAP 68122 

~ 71432

tRAP 7155f 

Regulation No.3 

Toxics 

lIsofluorphate 

l,4-Butanediol dimethanesulphonate 

lCarbon tetrachloride 

!parathion 

lCoumaphos 

1,I-Dimethyl hydrazine 

~trychnine 

!propiolactone, beta 

iChlordane 

IN-Nitrosomorpholine 

Dimethyl aminoazobenzene 

Methyl hydrazine 

Acetamide 

Strychnine sulfate 

lDimethoate 

'line 

ichlorvos 

~odium fluoroacetate 

IN-Nitrosodimethylamine 

lCarbaryl 

IPhenol,3-(1-methylethyl)-methylcarbamate 

lDiethyl sulfate 

ICYdohexamide 

lrvIethanol (Methyl alcohol) 

IChlorofonn (Trichloromethane) 

~exachloroethane 

lDimethylfonnamide 

lBenzene 

1,1,1-Trichloroethane (Methyl chlorofonn) 

AppendixB 

BIN 

B 

A 

A i 

AI 

C 

A 

A 

A 

A 

B 

B 

A 

B 

C 

AI 


AI 


A I 

A 


A 


A 


C 


C 


B 


C 


C 


A 


A 


A 


A 


C 


165 

Page 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
c 2002 Weil Publishing for the State of Colorado 25 CR 12, 12-02 Page 165 

All Rights Reserved 

APPENDIXB 


NON-CRITERIA REPORTABLE POLLUTANTS 


(Sorted by CAS) 


lNote: HAP means federal, or federal and state hazardous air pollutant 

HAPs means state-only hazardous air pollutant 

CAS 

~ Toxics 

72435 

!HAP 7483~ 

!HAP 7487" 

!HAP 7488~ 

~ 

74931 

~ 75003

~ 7501~

~ 7505S

~ 7507C 

!HAP 75092 

HAP 7515(] 

75183 

HAP 75218 

HAP 75252 

HAP 75343 

HAP 75354 

HAP 75445 

tRAP 75558 

tRAP 7556~

!HAP 7644~ 

!HAP 77474 

~ 77781

778U 

78342 

78535 

\HAP 78591 

\HAP 78875 

!HAP 78933 

78944 

Regulation No.3 

lMethoxychlor 

lMethyl bromide (Bromomethane) 

!Methyl chloride (Chloromethane) 

!Methyl iodide (Iodomethane) 

!Methyl mercaptan (Methanethiol) 

!Ethyl chloride (Chloroethane) 

lVinyl chloride 

!Acetonitrile 

!Acetaldehyde 

lMethylene chloride (Dichloromethane) 


Carbon disulfide 


Dimethyl sulfide (Methyl sulfide) 


Ethylene oxide 


Bromoform 


Ethylidene dichloride (I,l-Dichloroethane) 


1, I-Dichloroethylene (Vinylidene chloride) 


Phosgene 


1,2-Propylenimine (2-Methyl aziridine) 


Propylene oxide 


lHeptachlor 


iHexachlorocyclopentadiene 


toimethyl sulfate 


~abun 

lDioxathion 

IAmiton 

sophorone 

!Propylene dichloride (1,2-Dichloropropane) 

Methyl ethyl ketone (MEK) (2-Butanone) 

lMethyl vinyl ketone (3-butene-2-one) 

AppendixB 

BIN 


A 


A 


A 


A 


A 


A 


C 


A 


A 


A 


A 


A 


C 


A. 


A· 


B 


A 


A 


A 


A 


A 


A 


A 


B 


A 


C 


A 


A 


C 


C 


166 

Page 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 

Page 166 

APPENDIXB 

NON-CRITERIA REPORT ABLE POLLUTANTS 

(Sorted by CAS) 

Note: HAP means federal, or federal and state hazardous air pollutant 

HAPs means state-only hazardous air pollutant 

CAS Toxics 

IHAPs 78988 lMethylglyoxal 

79005 1,1,2-Trichloroethane IHAP 


79016 Irrichloroethylene (TCE) 
 IHAP 


IHAP 79061 IAcrylamide 


IHAP 79107 IAcrylic acid 


~ 79118 iChloroacetic acid 


79196 Ifhlosemicarbizide 

792Ul lPeracetic acid 

79221 lMethyl chlorofonnate 

IHAP 79345 1,1,2,2-Tetrachloroethane 


IHAP 79447 IDimethyl carbamoyl chloride 


IHAP 79469 I2-Nitropropane 


IHAP 80626 lMethyl methacrylate 


81812 !Warfarin 

82666 Diphacinone . , 

!HAP 	 84742 Dibutyl phthalate 

!HAP 	 85449 Phthalic anhydride 


86500 Methyl azinphos 


86884 ANTU (alpha-naphthylthiourea) 


HAP 87683 Hexachlorobutadiene 


HAP 87865 Pentachlorophenol 


88051 Aniline,2,4,6-Trimethyl 


!HAP 88062 ~,4,6-Trichlorophenol 


!HAP 9004C o-Anisidine 


9108? fl,6-Toluene diisocyanate 


!HAP 91203 Naphthalene 


91225 Quinoline
 IHAP 


~ 91941 3.3-Dichlorobenzidene


HAP 	 92524 Biphenyl 

Regulation No.3 	 AppendixB 

BIN 

B 

A 

C 

A 

A 

A 

C 

C 

B 

A 

B 

A 

C 

A 

C 

C 


B 


A 


A 


A 


A 


C 


A 


A 


A 


B 


A 


A 


C 


167 

Page 

5 CCR 1001-5 	 CODE OF COLORADO REGULATIONS 

«> 2002 Weil Publishing for the State of Colorado 25 CR 12, 12-02 Page 167

All Rights Reserved 

APPENDIXB 

NON-CRITERIA REPORT ABLE POLLUTANTS 

(Sorted by CAS) 

Note: HAP means federal, or federal and state hazardous air pollutant 

HAPs means state-only hazardous air pollutant 

CAS 

HAP :;f~O 

HAP 9287'<; 

IHAP 92933 

IHAP 9475') 

IHAP 954U 

IHAP 9548? 

HAP 95534 

HAP 95807 

HAP 95954 

HAP 96093 

HAP. 96128 

HAP 96457 

IHAP 98077 

IHAP 98828 

HAP 98862 

98873 

HAP 98953 

99985 

HAP 100027 

HAP 100414 

aM 100425 

HAP 10044, 

HAP 101144 

HAP 101688 

HAP 101779 

HAP 106423 

HAP 106445 

HAP 106467 

Regulation No.3 

TMics 

r-rAminobiphenyl 

Benzidine (p-Diamino diphenyl) 

~-Nitrobiphenyl 

12,4-D, salts and esters (2,4-Dichlorophenoxyacetic 

!acid) 

~-Xylene 

~-Cresol 

P-Toluidine 

2,4-Toluene diamine 

~,4,5-Trichlorophenol 

Styrene oxide 

1,2-Dibromo-3-chloropropane 

Ethylene thiourea 

Benzotrichloride 

Cumene 

Acetophenone 

Benzal chloride [(Dichloromethyl)benzene; 

benzylidenechloride] 

Nitrobenzene 

Dimethyl-p-phenylenediamine 

!4-Nitrophenol 

!Ethyl benzene (phenyl ethane ) 

~tyrene 

Benzyl chloride. (Chloromethyl)benzene 

4,4-Methylene bis (2-chloroaniline) 

Methylene diphenyl diisocyanate (MOl) 

4,4-Methylenedianiline 

p-Xylene 

p-Cresol 

1,4-Dichlorobenzene 

AppendixB 

BIN 

A 

A 

C 

A 

C 

B 

A 

B 

C 


C 


A 


A 


A 


A 


C 


B 


A 


C 


C 


C 


Ic 

A 

~ A 


C 


A 


A 


168 

Page 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5
Page 168 

APPENDIXB 

NON-CRITERIA REPORT ABLE POLLUTANTS 

(Sorted by CAS) 

Note: HAP means federal, or federal and state hazardous air pollutant 

HAPs means state-only hazardous air pollutant 

CAS 


HAP 106503 


HAP 106514 


HAP 106887 


HAP 106898 


HAP 106934 


106967 

HAP 106990 

~ 107028

~ 107051

HAP 	 107062 

10707.J 

HAP 	 107131 

107153 

107186 

107211 

HAP 	 107302 

107448 

107493 

HAP 108054 

HAP 108101 

10823(i 

HAP 10831(i 

HAP 108383 

!HAP 108394 

HAP 108883 

HAP 108901 

~ 

108918 

HAP 	 108952 

108985 

110009 

Regulation No.3 

Taxics 

p-Phenylenediarnine 

Quinone 

1,2-Epoxybutane 

iEpichlorohydrln (I-Chloro-2.3-epoxypropane) 

iEthylene dibromide (1,2-Dibromoethane) 

!Propargyl bromide 

1.3-Butadiene 

iAcrolein 

IAIlyl chloride 

IEthylene dichloride (1,2-Dichloroethane) 

[\-'hloroethanol 

iAcrylonitrile 

!Ethylene diamine 

IAIlyl alcohol 

!Ethylene glycol 

lChloromethyl methyl ether 

Sarin 

TEPP (Tetraethyldithiopyrophosphate) 

Vinyl acetate 

Methyl isobutyl ketone (MIBK) (Hexone) 

lsopropylchlorforrnate 

Maleic anhydride 

m-Xylene 

m-Cresol 

Toluene. 

Chlorobenzene 

Cyclohexylamine 

Phenol 

Thiophenol (phenyl mercaptan) 

Furan 

AppendixB 

BIN 

C 

A 

A 

A 

A 

C 

A 

A 

A 

A 

A 

A 

C 

A 

C 

A 

B 

A 

C 

~ C 


C 


B 


C 


A 


C 


C 


A 


A 


169 

Page 

S CCR l00I-S 	 CODE OF COLORADO REGULATIONS 
02002 Weil Publishing for the State of Colorado 25 CR 12, 12-02 Page 169 

All Rights Reserved 

APPENDIXB 

NON-CRITERIA REPORTABLE POLLUTANTS 

(Sorted by CAS) 

Note: HAP means federal, or federal and state hazardous air pollutant 

HAPs means state-only hazardous air poUutant 

CAS 

HAP 110543 

110576 

110894 

HAP 111422 

HAP 111444 

HAP 111762 

~ 114261

115264 

iHAPs 	 115286 

115297 

115902 

116063 

iHAPs 117102 

HAP 117817 

!HAP 	 118741 

119380 

!HAP 119904 

!HAP 119937 

!HAP 120809 

!HAP 120821 

~ 121142

~ 121448

!HAP 	 121697 

122145 

HAPs 122601 

!HAP 122667 

nAP 123319 

!HAP 123386 

123739 

Regulation No.3 

Toxics 

Hexane 

Trans 1,4-dichlorobutene 

Piperidine 

Diethanolamine 

Dichloroethyl ether (Bis(2-chloroethyl)ether) 

2-Butoxyethanol 

Propoxur (Baygon) 

Dimefox 

Chlorendic acid 

IEndosulfan 

iFensulfothion 

~dicarb (Temik) 

pn-ysazin (Dorbane) 

lBis(2-ethylhexyl) phthalate (DEHP) (Dioctyl 

phthalate) 

lHexachlorobenzene 

~sopropylmethylpyrazolyl dimethylcarbamate (!solan) 

~,3-Dimethoxybenzidine 

13,3'-Dimethyl benzidine 

lCatechol 

1.2,4-Trichlorobenzene 

12.4-Dinitrotoluene 

jrriethylamine 

IN.N-Diethyl aniline (N,N-Dimethylaniline) 

lFenitrothion 

!phenyl glyceryl ether (3 phenoxy 1.2 propanediol) 

1,2-Diphenylhydrazine 

iHydroquinone 

If>ropionaldehyde 

ICrotonaldehyde (E) 

Appendix B 

BIN 


C 


B 


C 


A 


A 


C 


A 


A 


B 


A 


A 


A 


B 


A 


A 


C 


A 


A 


A 


A 


A 


A 


A 


C 


A 


A 


C 


C 


A 


170 

Page 

CODE OF COLORADO REGULATIONS 	 5 CCR 1001-5 

Page 170 

APPENDlXB 


NON-CRITERIA REPORT ABLE POLLUTANTS 


(Sorted by CAS) 


~ote: HAP means federal, or federal and state hazardous air pollutant 

HAPs means state-only hazardous air pollutant 

CAS Taxics 

aAP 123911 l,4-Dioxane (I,4-Diethyleneoxide) 

12698i lMethacrylonitrile 

HAP 12699~ iChloroprene (2-Chloro-1,3-butadiene) 

IHAP 127184 !perchloroethylene (Tetrachloroethylene) 

12906~ IWarfarin sodium 

IHAP 131113 iDimethyl phthalate 

131522 lSodium pentachlorophenate 

IHAPs 132274 I2-Biphenylol sodium salt 

IHAP 13264S IDibenzofurans 

IHAP 133062 lCaptan 

IHAP 133904 IChloramben (3-amino-2,5-dichloro benzoic acid) 

140761 !pyridine, 2-methyl-5-vinyl 

IHAP 140885 IEthyl acrylate 

141662 Dicrotophos 

144490 Fluoracetic acid 

149746 Dichloromethylphenylsilane 

HAP 151564 Ethylene imine (Aziridine) 

152169 Diphosphoramide, octamethyl 

HAP 156627 Calcium cyanamide 

29778S sobenzan 

297972 tThionazin (0,0 diethyl-O-2-pyriziny}phosphorothioate) 

298()()( !Parathion-methyl 

298022 !Phorate 

298044 iDisulfoton 

302012 ~ydrazine 

~s 309002 IJ\Idrin 

315184 lMexacarbale 

~ 334883 !Diazomethane 

35906~ !Fluoroacetyl chloride 

37162C IEthylene fluorohydrln 

Regulation No.3 Appendix B 

BIN 


A 


A 


A 


A 


A 


C 


A 


B 


C 


A 


A 


C 


A 


A 


B 


C 


A 


A 


A 


C 


C 


A 


A 


A 


A 


J+ 


A 

C 

C 

171 

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ICI 2002 Weil Publishing for the State of Colorado 25 CR 12, 12-02 Page 171 

All Rights Reserved 

APPENDIXB 

NON-CRITERIA REPORTABLE POLLUTANTS 

(Sorted by CAS) 

Note: HAP means federal, or federal and state hazardous air pollutant 

HAPs means state-only hazardous air pollutant 

CAS 

HAP 	 463581 

465736 

470906 

505602 

509148 

~ 51015<J

~ 532274 

53407(J 

534521 

535897 

538078 

HAP 540841 

541537 

HAP 54275(J 

HAP 542881 

542905 

555771 

55661(J 

563122 

~ 

~ 584849

593602 

~s 615532 

624839 

~ 

~ 

62492(] 

625558 

640197 

644644 

675149 

~ 680319

~ 684935 

Regulation No.3 

Toxies 

~arbonyl sulfide 

Irsodrin 

thIorfenvinfos 

Mustard gas (Diehlorodiethyl sulfide) 

Tetranitromethane 

Chlorobenzilate (ethyl-4,4'-diehlorobenzilate) 

2-Chloroacetophenone 

Bis( chloromethyl)ketone 

4,6-Dinitro o-cresol, and salts 

Crimidine 

Ethyl bis (2-chloroethyl)amine 

2,2,4-Trimethylpentane 

Dithiobiuret 

1,3-Dichloropropene 

Bischloromethyl ether 

Ethylthiocyanate 

Tris(2-chloroethyl)amine 

Methyl isothioeyanate 

Ethion 

2,4-Toluene diisocyanate 

Vinyl bromide 

N-nitroso-N-methylurethane 

Methyl isocyanate 

Methyl disulfide 

sopropyl formate 

lFIuoroaeetamide 

iDimetilan 

~yanuric fluoride 

~examethylphosphoramide 

IN-nitroso-N-methylurea 

AppendixB 

BIN 

C 

A 

C 

A 

A 

B 

A 

C 

A 

C 

C 

C 

C 

A 

A 

C 

C 

C 

A 

A 

A 

C 

A 

C 


C 


C 


C 


C 


B 


B 


172 

Page 

CODE OF COLORADO REGULATIONS 	 5 CCR 1001-5 

Page 172 

APPENDIXB 

NON-CRITERlA REPORTABLE POLLUTANTS 

(Sorted by CAS) 

Note: HAP means federal, or federal and state hazardous air pollutant 

HAPs means state-only hazardous air pollutant 

CAS 

732116 

786196 

814686 

HAP 822060 

919868 

HAPs 924163 

944229 

947024 

9501071 

950378 

991424 

!HAP 1120714 

112260'7 

1314841 

HAP 1319773 

HAP 1330201 

HAP 1332214 

HAP 1336363 

139794C 

~s 1402682 

1420071 

TOxics 

Phosmet 

Carbophenothion 

Acrylyl chloride 

:Hexamethylene-l,6-diisocyanate 

Demeton-s-methyl 

N-Nitroso-di-n-butylamine 

Fonofos 

Phosfolan 

~ephosfolan 

iMethidathion 

~OrbOrmide pane sultone 

!Nitrocyclohexane 

lZinc phosphide 

ICresylic acidlCresols 

lXylene (and mixed isomers) 

iAsbestos 

!polychlorinated biphenyls (PCBs) (Aroclors) 

Antimycin A 

Afiatoxins 

Dinoterb 

1464535 ~epoxybutane 

1563662 

IHAP 1582098 

IHAP 1634044 

1642542 

IHAP 	 1746016 

1910425 

1982474 

2001958 

Regulation No.3 

CarbOfuran 

Trifluralin 

MTBE (Methyl tertiary butyl ether) 

Diethylchlorophosphate 

~,8-TCDD (Dioxin) 

quat 


Chloroxuron 


Valinomycin 


AppendixB 

BIN 

B 

C 

C 

A 

C 

A 

A 

C 

A 


A 


C 


B 


C 

A 

A 

C 

A 


A 


C 


A 


CI 

B 


A 


A 


C 


B 


A 


A 


C 

C 

173 

Page 

J 


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Ii:> 2002 Well Publishing for the State of Colorado 25 CR 12, 12-02 Page 173 

All Rights Reserved 

APPENDIXB 

NON-CRITERIA REPORTABLE POLLUTANTS 

(Sorted by CAS) 

Note: HAP means federal, or federal and state hazardous air pollutant 

HAPs means state-only hazardous air pollutant 

CAS 

2032657 

2074502 

rHAPs 	 2475458 

2497076 

2524030 

2540821 

2631370 

2642719 

HAPs 	 2646175 

2778043 

HAP 	 3547044 

3689245 

369135S 

3734972 

373523i 

3878191 

409871<; 

4170303 

4301502 

4835114 

583629-, 

744611(] 

HAP 755045( 

HAPs 764441C 

HAP 76470lC 

HAP 7664393 

7664417 

7664939 

7697372 

HAP 772314C 

Regulation No.3 

Tgxics 

Methiocarb 

Paraquat methosulfate 

Disperse Blue 1 

Oxydisulfoton 

Dimethylphosphorochloridothioate 

Fonnothion 

Promecarb 

Ethyl azinphos 

CI Solvent Orange 2 

Endothion 

DDE (Dichlorodiphenyldichloroethylene) 

Sulfotep 

Chlorophacinone 

~ton oxalate 

~ethylphenkapton 

Fuberidazole 

lsophorone diisocyanate 

Crotonaldehyde 

Fluenetil 

Hexamethylenediamine. N,N-dibutyl 

Coumatetralyl 

Sulfur trioxide 

Titanium tetrachloride 

1.4-Dichloro-2-butene 

iHydrochloric acid (Hydrogen chloride) 

iHydrogen fluoride (Hydrofluoric acid) 

iAmmonia 

~ulfuric acid 

!Nitric acid 

!phosphorous 

Appendix B 

BIN 

C 

A 

B 

C 


C 


C 


C 


C 


B 


C 


A 


A 


C 


C 


C 


C 


A 


A 


C· 


C. 


CI 


C· 


C 


A 


A 


A 


B 


B 

A 

A 

174 

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CODE OF COLORADO REGULATIONS 	 5 CCR 1001-5 

Page 174 

APPENDIXB 


NON-CRITERIA REPORTABLE POLLUTANTS 


(Sorted by CAS) 


!Note: HAP means federal, or federal and state hazardous air pollutant 

HAPs means state-only hazardous airpollutant 

CAS T'Oxics 

7726956 IBromine 

7782414 fluorine 

HAP 7782505 lChlorine 

7783064 lHydrogen sulfide 

7786341 [Mevinphos 

HAP 7803512 !phosphine 

HAP 8001352 iToxaphene (Camphechlor) 

8065483 lDemeton 

10265926 [Methamidophos 

10294345 lBoron trichloride 

10311849 lDialifor 

13071799 lI'erbufos 

13171216 IPhosphamidon 

13194484 IEthoprophos (Ethoprop) 

13494809 Tellurium 

16752775 Methomyl 

17702577 Formparanate 

19287457 Diborane 

20859738 Aluminum phosphide 

21548323 Fosthietan 

21609905 Leptophos 

21923239 Chlorthiophos 

22224926 Fenaminophos (Fenamipbos) 

2313522(] Oxamyl 

23422539 Formotanate hydrochloride 

23505411 Pirimifos-ethyl 

24934916 Chlormephos 

28347139 Xylylene dichloride 

28772567 Bromodiolone 

53558251 Pyriminil 

..-, 


BIN 


A 


C 


A 


J+ 


A 


A 


A 


A 


C 


C 


A 


C 


C 


I A 

B 


C 


A 


A 


C 


C 


C 


A 


B 


C 


C 


C 


C 


C 


C 


175 

Regulation No.3 AppendixB Page 

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AU Rights Reserved 

APPENDIXB 


NON-CRITERIA REPORTABLE POLLUTANTS 


(Sorted by CAS) 


Note: HAP means federal. or federal and state hazardous air pollutant 

HAPs means state-only hazardous air pollutant 

CAS Tttxics 

HAPs 60153493 ~-(N-Nitrosomethylamine) (Propionitrile) 

HAPs 

HAPs 

64091914 

108171262 

lKetone, 3-pyridyl-3-(N-methyl-N-nitrosoamino) 

propyl 

Chlorinated paraffms (CI2. 60% chlorine) 

Regulation No.3 Appendix B 

CODE OF COLORADO REGULATIONS 

Page 175 

BIN 


B 


B 


B 


176 


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5 CCR 1001-5 
Page 176 

REGULAnON NUMBER 3 PART D 

I.A. Adopted March 19, 1987 

Statement ofBasis, Specific Statutory Authority, and Pwpose for 

Revisions to Regulation No.3 Section D.C.I 

The specific statutory authority under which the Commission shall hold and conduct this hearing 

is prescribed by 24-4-103, 25-7-105, -106, -110, and the hearing will be conducted in accord with 

provisions of24-4-103 and 25-7-110, C.R.S. 1982 and the Procedural Rules. 

The revision to Regulation No.3 Section D. C. I. is an addition to the list ofsources which are 

exempt from filing Air Pollution Emission notices. Addition ofpart l. (small L) to this 

regulation exempts petroleum industry flares, approved by the Oil and Gas Conservation 

Commission, from having to file an Air Pollution Emission Notice (APEN) ifemissions ofany 

pollutant do not exceed five (5) tons per year. This exemption only applies to flares which do not 

combust gas containing hydrogen sulfide (HlS) except in trace amounts, since H2S is classified 

as a hazardous air pollutant. Previously APENS were required for these flares when emissions 

exceeded 1 ton per year. 

The Air Quality Control Commission adopts this change for the following reasons: 

1) Records ofthe amount of gas flared will be kept by the Oil and Gas Commission and 

made available to the Division; 

2) The flaring is a temporary activity in most cases; 

3) Statewide emissions from flares are relatively low, with nitrogen oxides (N0x) being the 

main pollutant emitted (emissions ofNQIt from flares is approximately 200 tons per year 

statewide, while total stationary source N<>x emissions are over 160,000 tons per year in 

Colorado); 

4) Ambient impacts from flares are low; 

5) No hazardous pollutants will be emitted; 

6) Larger flares will still have to be permitted by the Division. 

I.B. Adopted November 19, 1987 

Statement ofBasis, Specific Statutory Authority and Pwpose 

Addition ofSection XV to Air Quality Control Commission Regulation No.3 

Regulation Requiring an Air Contaminant Emission Notice, 

Emission Pennit Fees 

This Statement ofBasis, Specific Statutory Authority and Pwpose complies with the requirement 

ofthe Administrative Procedures Act, C.R.S. 1973, Section 24-4-103 (4) for adopted or modified 

regulations. 

Page 1 

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I

c 2002 WeB Publishing for the State of Colorado 25 CR 12, 12-02 Page 177 

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i 

I 

[ 

•

t 

This revision to Regulation No.3, adopted November 19, 1987, is intended to bring the Colorado 

regulations into conformance with current U.S. EPA regulations. U.S. EPA's regulations were 

revised in response to a court order which required each state to develop a program to assess and 

remedy visibility impairment in Class I areas from new and existing sources, as established in 

Section 169A ofthe Clean Air Act. 

Section XV. is added to Regulation No.3 as part ofthe State's plan to meet the national goal of 

preventing future, and remedying existing, visibility impairment in Class I areas. Section XV. 

Together with this Statement ofBasis, Specific Statutory Authority and Purpose and the 

monitoring and long-term strategies represents Colorado's State Implementation Plan (SIP). 

This Regulation addresses a type ofvisibility impairment which can be traced to a single source 

or small group ofsources known as reasonably attributable impairment. The U.S. EPA deferred 

action on the regulation ofregional haze and urban plumes due to scientific and technical 

limitations in visibility monitoring techniques and modeling methods. 

The FLMs were consulted and their suggestions considered in developing the plan. In addition, 

the Commission provided public notice 60 days prior to the public hearing stating that interested 

parties would be given the opportunity to provide testimony concerning the Regulation and its 

requirements at the hearing. Wyoming, Utah and New Mexico were also sent notice ofthe 

hearing. 

Section XV.D. allows the FLMs to certify visibility impairment to the Division Director at any 

time. At such time ofcertification the Division must assess the impairment, identifY the 

contributing source(s), and conduct a Best Available Retrofit Technology (BAR1) analysis for 

any contributing sources located in Colorado. The FLMs have not certified reasonably 

attributable impairment as ofthis adoption date. Section D. also requires BART and is 

incorporated for future use, ifnecessary. 

Any source subject to the BART requirements ofthis section may apply to the U.S. EPA 

Administrator for an exemption. The application to the U.S. EPA must include a written 

concurrence from the Division and Commission; therefore, the source must first apply to the 

Division. as set forth in Section D.2.c. An exemption granted by the Division and approved by 

the Commission will constitute the written concurrence required by U.S. EPA. 

The New Source Review requirement ofSection XV.E. is included for purpose ofreinforcing 

Sections N.D.2.a (vi) and N.D.3.a. (vi). 

In addition to existing and new source review. the Division must develop a visibility monitoring 

strategy to collect information on visibility conditions and must develop a long-term (10-15 year) 

strategy to assure progress towards the national goal. The monitoring plan and the long-term 

strategy are set forth in the SIP submitted to the U.S. EPA. Section XV.F. provides procedures 

for reviewing and revising the long-term strategy. 

Page 2 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 

Page 178 

State Implementation Plan for Class I Visibility Protection 


State ofColorado 


The purpose ofthis plan is to assure reasonable progress towards meeting the national goal of 

preventing future, and remedying existing, visibility impairment in Class I areas. 

The plan includes provisions for existing and new source review (attached as Regulation No.3, 

Section XV.), a monitoring strategy, a long-term strategy, and consultation with FlMs. 

Monitoring Strategy 

The State ofColorado's Class I Visibility monitoring strategy is based on meeting four goals: 

I. 	 Provide information for new source visibility impact analysis; 

2. 	 Determine existing conditions, in Class I areas and the source(s) ofany certified 

impairment; 

3. 	 Determine actual effects from the operation ofnew sources or modifications to major 

sources on nearby Class I areas; and 

4. 	 Establish visibility trends in Class I areas in order to evaluate progress toward meeting the 

national goals ofvisibility protection. 

The goals will be achieved through a combination ofobjectives concerning monitoring, gathering 

and evaJuating existing visibility data, and mechanisms for the use ofvisibility data in decision 

making. 

Potential new major stationary sources or major modifications to existing stationary sources 

subject to the Air Quality Control Commission (AQCC) Regulation No.3, Section IV.3, are 

required to perform an analysis ofvisibility impacts on potentially affected Class I areas. The 

analysis must be conducted utilizing existing visibility data, ifany. The Division must consider 

and evaluate available data from potentially affected Class I areas or other areas that may be 

representative ofbackground conditions in the Class I area(s) ofinterest. H data is adequate, the 

permittee will be notified ofthe background or base level ofvisibility against which impacts will 

be assessed (Regulation No.3, Section IV.3.(a)(iii)(D». Hvisibility data is not adequate, 

Regulation No.3, Section XIV. allows the Division to require any source which will have or is 

likely to have an impact on any Class I area to conduct monitoring to establish baseline status of 

visibility. The monitoring information will be used in the new source review analysis and will 

add to the background and trend data bank ofthat Class I area. No monitoring shall be required 

ifit is currently being conducted by any federal, state, or local agency (AQCC Regulation No.3, 

Section XIV .B.I). 

FLMs may at any time identify to the Division Class I areas where emissions from a specific 

source or small group ofsources may be causing or contributing to visibility impairment in the 

Class I area. The Division will determine ifemissions from any local sources can be reasonably 

attributed to cause or contribute to the documented visibility impairment. In making this 

determination the Division will consider all available data including the following: 

Page 3 

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All Rights Reserved 

I. Data supplied by the FLM; 

2. The number and type ofsources likely to impact visibility in the Class I area; 

3. The existing emissions and control measures on the source(s); 

4. The prevailing meteorology near the Qass I area; and 

5. Any modeling which may have been done for other air quality programs. 

The Division may be unable to make a decision regarding "reasonable attribution" ofvisibility 

impairment from an existing source or sources using availabJe data. The Division will make 

available to the affected FLML and the U.S. EPA a discussion ofwhat data was considered and 

what measures the Division is taking, if any, to resolve the situation. The Division may consider 

modeling the impact ofnearby suspected sources with existing visibility models. Funding and 

other factors may limit the Division's ability to unilaterally initiate studies designed to establish 

"reasonable attribution". Therefore, the Division may join with the FlMs, the suspected 

source(s), the U.S. EPA. and others in implementing special monitoring and analysis programs 

to address the specific problem. 

The Division will sponsor or share in the operation ofvisibility stations with FLMs as the need 

arises and resources allow. Fiscal, logistical, and other considerations may constrain the 

Division in conducting visibility monitoring in Class I areas. 

The Division will request from each FLM responsible for Class I areas in Colorado copies ofany 

and all past or existing programs designed to monitor or evaluate visibility. All future visibility 

data gathered by each FLM will also be requested, including any analysis and interpretation. 

The Division will assemble and evaluate the visibility data supplied by the FlM in addition to 

any other data collected by the Division or any other appropriate source (such as a proposed 

major stationary source) on an annual basis. 

Long·Term Strategy (LTS) 

The Commission shall review the strategy set forth below and prepare a public report as required 

in Section XV.F. The FLMs shall be consulted throughout all phases ofthe LTS development 

and revisions. 

A Commission subcommittee will be established to address the following components ofthe 

LTS: 

1. Statewide visibility standards 

2. Smoke management 

3. Vistas 

4. PMIO and PM2.5 emissions 

5. Any other components the subcommittec deems applicable. 

Page 4 

CODE OF COWRADO REGULATIONS 5 CCR 1001-5 

Page 180 

The Division is pursuing the adoption ofstatewide visibility standards. The subcommittee will ..-, detennine how and ifstandards should be set and how the standards will apply to various areas of 

the state. Although the end result may apply to regional haze, Class I areas will benefit from 

statewide standards. 

The Division presently has smoke management agreements with the FLMs. The affected 

agencies are required to obtain an open burning permit from the Division. Virtually all 

controlled bums are for wi1dlife habitat and range management; little slash/timber management 

burning occurs. 

The Division believes existing smoke management techniques do not adversely affect visibility 

in Class I areas. The subcommittee will address this issue to detennine how smoke management 

should be integrated into the LTS. Hnecessary, the existing agreements may be revised during 

the LTS review process. The Division wiU continue to coordinate with the FLMs to insure that 

best smoke management teclmiques are employed. 

The FLMs declined to identify integral vistas (important views oflandmarks or panoramas that 

extend outside ofthe boundries ofthe Class I areas and considered critical to the enjoyment of 

the areas). The Commission is therefore not required to address vistas but may do so under their 

own authority. The subcommittee shall detennine ifintegral vistas andlor other scenic vistas 

should be identified, and ifso, the criteria to be used for such identification. Any vistas shall be 

identified using the specific criteria developed by the subcommittee. 

The Division is in process ofstudying PM 10 emissions and their role in the formation ofDenver's 

brown cloud. Conceivably, such studies could lead to information and strategies related to 

visibility impairment. The subcommittee will address the integration ofthis component into the 

LTS. 

The FLMs and Division have not identified reasonably attributable impairment at this time, 

therefore the Commission will not address source retirement and replacement, construction 

activities, and enforceability of emission limitations. Should the FLMs or Division identify 

impairment from a specific source or small groups ofsources, the Commission will address these 

issues during the LTS review process. 

Each time the L TS is reviewed, the following six factors (at minimum) must be addressed. 

1. 	 Emission reductions due to ongoing air pollution control programs. 

2. 	 Additional emission limitations and schedules for compliance. 

3. 	 Measures to mitigate the impacts ofconstruction activities. 

4. 	 Source retirement and replacement schedules. 

5. 	 Smoke management teclmiques for agriCUltural and forestry management purposes 

including such plans as currently exist within the State for these purpose, and 

6. 	 Enforcement of emission limitations and control measures. 

PageS 

5 CCR lO(tl-S 	 CODE OF COLORADO REGULATIONS 
II) 2002 Weil Publishing for the State of Colorado 25 CR 12, 12-02 Page 181 

AU Rights Reserved 

Consultation with Federal Land Managers (FLMs) 

The Division as part ofthe implementation ofthis Regulation will send within 30 days ofits 

adoption written notification to the FLMs stating that the Division Director is the official to 

whom any recommendations may be sent regarding Colorado's SIP for Class I visibility 

protection, including but not limited to: 

1. Integral vistas to be listed by the state; 

2. Identification ofimpairment ofvisibility in any Class I area(s), and 

3. Identification ofelements for inclusion in the monitoring strategy. 

The Division will provide the opportunity for consultation with the FLMs, in person and at least 

60 days prior to any public hearing on any element ofthe SIP. The Division is interested in the 

FLMs opinion regarding: 

I. Assessment ofimpairment ofvisibility in any Class I area, and 

2. Recommendation on the development ofthe long-term strategy. 

The FLMs may contact the Division Director at any time regarding the implementation ofthe SIP 

for Class I visibility protection. 

I.C. Adopted August 20, 1992 

Statement ofBasis, Specific Statutory Authority and Purpose 


Revisions Concerning the Long-Term Strategy to 


Protect Visibility in Class I Areas 


(Section XV.F) 


Authority 

Colorado Air Quality Control Act 

The Colorado Air Quality Control Commission's (Commission) authority to revise Regulation 

No. 3.XY.F, concerning the Long-Term Strategy Review ofColorado's State Implementation 

Plan for Oass I Visibility Protection. is in the Colorado Air Quality Control Act. Relevant 

sections are 25-7-102 Legislative declaration and 25-7-105(1}(alffi Duties of commission. 

Federal Clean Air Act 

Additional authority for the Commission to make the regulatory revisions can be traced to the 

1977 Amendments to the Federal Clean Air Act. Section 169(A) requires the federal 

Environmental Protection Agency to promulgate regulations that in tum require states to amend 

their State hnplementation Plans (SIPs) to provide for Class I visibility protection - including a 

long-term strategy for making reasonable progress toward the national visibility goal. On 

Page 6 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 182 

December 2, 1980, EPA released final regulations to states detailing the specific requirements ­

including the development and periodic revision of a long-term strategy as specified by federal 

law. 

Statement ofBasis and Purpose ofChanges to Regulation No. 3.XV.F 

Section XV.F.l.c 

Commission Regulation 3 required a Long-Tenn Strategy (US) review/revision report from the 

Colorado Air Pollution Control Division (Division) to the Commission every three years 

following the effective date ofthe regulation (November 1987). The August 1992 LTS report 

from the Division is late in arriving to the Commission. The purpose ofthe regulatory change is 

to clarify when subsequent LTS review and revision report cycles will occur. Without a 

regulatory change, the next L TS review would be due September 1993 - approximately a year 

from adoption ofthe August 1992 report. 

fu order to maintain the intent that a report is to arrive to the Commission, and ultimately EPA, at 

least every three years and to allow the Division to get back on schedule with a report to the 

Commission in approximately three years, section XV.F. I.c was altered. 

Old language: 

(c) 	 The Division shall prepare a report for the Commission on any progress made 

toward the national visibility goal since the last long-tenn strategy revisions. The 

report will be made available on September First ofevery third year following the 

effective date ofthis regulation. This report shall include an assessment of: 

New language (changes underlined): 

(c) The Division shall prepare a report for the Commission on any progress made 

toward the national visibility goal since the last long-tenn strategy revisions. The 

report will be made available by September First at least every third year 

following the submittal ofthe previous report. This report shall include an 

assessment of: 

Section XV.F.l.c.vii 

EPA regulations (CFR Part 40 section 51.306) require that the LTS be reviewed in seven areas. 

There was a discrepancy between EPA requirements and State regulations regarding the seventh 

item to be assessed. The purpose ofthe regulatory change is to bring Commission Regulation 

No. 3 into conformance with EPA requirements. 

Old language: 

(vii) The progress achieved in developing the components ofthe strategy. 

Page 7 

5 CCR 1001-5 	 CODE OF COLORADO REGULATIONS 
c 2002 Weil Publishing for the State of Colorado 25 CR 12, 12-02 Page 183 

All Rights Reserved 

New language (changes underlined): 

(vii) 	 The need for BART to remedy existing impainnent in an integral vista declared 

since plan approval.l.D. Adopted November 19, 1992 

ID. Adopted November 19, 1992 

Statement ofBasis, Specific Statutory Authority and Pwpose 


Revisions to Regulation No.3, 


Common Provisions and Reguation No. 7 


This Statement ofBasis, Specific Statutory Authority and Purpose complies with the 

requirements ofthe Administrative Procedure Act, C.R.S. 1973, Section 24-4-103(4) for adopted 

or modified regulations. 

The EPA has identified portions ofthe State's Prevention ofSignificant Deterioration and New 

Source Review (pSD and NSR) rules which do not confonn with the Federal rules. The State 

rules must be at least as stringent as the Federal rules in order for the EPA to approve the State 

Implementation Plans. In addition, the State must revise the rules to include the addition ofnew 

requirements that were set forth in the 1990 Federal Clean Air Act. The EPA has also identified 

additional nonreactive volatile organic compounds, and a significant level for municipal waste 

combustor emissions. All ofthese revisions must be made for EPA approval. 

The 1992 State Legislature revised the Colorado Clean Air Act to include new definitions and fee 

requirements. In addition, the revisions allow the Commission to make necessary revisions to 

the State's PSD and NSR rules, as described above. 

Specific Authority 

The specific authority for this regulation is contained in the Colorado Air Quality Control Act, 

1992 as amended. Section 25-7-103 sets forth definitions for use in implementing the new 

Colorado Act. Section 25-7-105 (IXA)(I) requires the Commission to adopt into the State 

Implementation Plan all requirements ofthe federal act. Sections 25-7-1 05(1 Xc), 203, 204, 205, 

206,210 and 301 provide authority to adopt a PSD and NSR program in confonnance with the 

Federal and Colorado Acts. Section 25-7-105.1 sets forth the Commission's authority regarding 

Federal enforceability. Section 25-7-106 (IXc) provides authority for adopting regulations which 

are applicable to entire state, or only within specific areas or zones, or only to a particular 

pollutant. Section 25-7-114.5 sets forth time frames for the Division to review permit 

applications, and procedures for owners and operators to demonstrate compliance with 

construction permits. Section 25-7-114.7 sets forth fee requirements. Commission action in 

promulgating these revisions is taken pursuant to Sections 25-7-105 through 25-7-109 and 25-7­

114, C.R.s., as amended. 

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Purpose 

New Source Review Rules 

Regulation No.3 contains the pennit requirements for major sources (Prevention ofSignificant 

Deterioration, PSD and New Source Review, NSR). The Common Provisions Regulation 

contains definitions that are used in the permit requirements ofRegulation No.3. The PSD and 

NSR requirements and definitions must be equivalent to the Federal requirements. The EPA has 

identified the portions ofRegulation No.3 and the CommolTProvisions which 'do not conform to 

the Federal rules. On October 17, 1991, the Commission adopted revisions to Regulation No.3 

and the Common Provisions, to address some ofthe EPA's concerns. Additional concerns 

remained, however, because some ofthem could not be addressed until the Colorado Clean Air 

Act was revised. On May 27, 1992, the Governor signed Senate Bill 105, which revised the 

Colorado Clean Air Act to allow the Commission to proceed with the remaining necessary 

revisions to Regulation No.3 and the Common Provisions. The new Colorado Act is effective as 

ofJuly 1, 1992. 

The 1990 Federal Clean Air Act revisions set forth additional revisions which must be made to 

all State PSD and NSR rules. 

The Commission has adopted the necessary revisions which address the remaining EPA concerns 

regarding the State's PSD and NSR rules. These revisions are required to eliminate discrepancies 

between the State and Federal rules, and for approval ofour State bnplementation Plan. The 

required revisions are as follows. 

Regulation No.3 

1. 	 The regulation previously allowed sources offugitive emissions to be exempt 

from the NSR and PSD requirements. The Federal Act does not allow the 

exemptions. Several sections throughout the regulation needed to be revised or 

eliminated: 

Section I.E. - Eliminate the reference to the definitions ofmajor stationary source 

and major modification from the definition offugitive dust; 

Section 1.B.3.e. and f - Eliminate the references to fugitive dust from the 

definition ofmajor source; 

Section IV.D.3.b.(i)(B) - Eliminate the fugitive dust exemption from the PSD 

rules; 

Section XI - Eliminate the fugitive dust exemption from increment consumption 

requirements. 

2. 	 Section 1.B.2, section (vii) ofthe regulation allowed sources which switched from 

oil or gas to a coal-derived fuel (shale oil) to be exempt from the PSD and NSR 

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requirements. This is not allowed under the Federal Act, therefore (vii) is 

removed from the definition ofmajor modification. 

3. 	 The new Federal Act requires major sources in nonattainment areas obtain to 

offsets from sources that are also located in the same nonattainment area, unless a 

source outside ofthe area contributes to nonattainment in the area in which the 

major source is located. Section N.D.2.a(iii) is revised to add this new 

requirement. 

4. 	 The Federal Act does not allow major sources located in a "clean portion" ofa 

nonattainment area to be exempt from the NSR requirements. Section 

N.D.2.c.(ii) is revised to eliminate the clean portion of a nonattainment area 

exemption. 

5. 	 Section IV.D.3.e. required minor sources which contribute to the exceedance of an 

ambient air standard in a non-designated area (not designated attainment or 

nonattainment) to apply best available control technology. TIlls requirement was 

previously adopted to comply with the EPA's interim policy for the PM-IO 

ambient air quality standards. The provision applied until the EPA was able to 

formally designate areas as attainment or nonattainment for PM-I O. Now that the 

EPA has designated areas, the PSD and NSR (nonattainment) rules apply and 

section IV.D.3.e. has been removed. 

6. 	 The regulation previously stated that certain permit conditions had to be removed 

from the permit upon issuance offinal approval. The conditions on a final permit 

were limited to the list ofitems required to obtain a pennit. The Federal Act 

requires that pennits must contain all conditions necessary to ensure compliance 

with all applicable requirements, and any conditions necessary to make limits on 

production rates, hours ofoperation. the potential to emit, etc. federally 

enforceable. The language which limits the enforceability ofpermit conditions 

after Final Approval is removed from Section IV.E. 

7. 	 The Federal Act does not allow automatic approval ofpennits ifthe State fails to 

meet processing deadlines. The language which provides for automatic approval 

ofpermits ifprocessing deadlines are not met is removed from section IV.F. 

Likewise. confidentiality determinations do not affect the time constraints in the 

regulation. Section vn is revised to reflect this. 

8. 	 The new Federal Act does not allow reductions ofpollutants required to meet any 

Act requirements to be credited for use as offsets. Language is added to Section 

V.E.9 ofthe State's Emission Reduction Credit rules to clarify this requirement. 

9. 	 The new Federal Act no longer limits the boundaries ofClass I areas to those that 

existed in 1977. Section VIII is revised to eliminate this restriction. 

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10. 	 The Federal rules state that ifinnovative technology is used by a PSD source, they 

are only exempt from the BACT requirements, not all ofthe PSD requirements, 

and that the consent of governors of other affected states must be obtained. 

Section xm previously exempted such source from all PSD requirements. The 

section is revised to clarify this allowance. 

Common Provisions Definitions: 

I. 	 The EPA has added visible emission standards to applicable emission limitations 

under the definition ofBest Available Control Technology. The State's definition 

is likewise revised. 

2. 	 Under the new Federal Act, Asbestos, Beryllium. Mercury, and Vinyl Chloride are 

now regulated under new hazardous pollutant requirements (Maximum 

Achievable Control Technology). These compounds are no longer subject to 

Prevention ofSignificant Deterioration (PSD) requirements (which would require 

Best Available Control). The definition ofsignificant, which determines when a 

source is subject to PSD, is revised to omit these pollutants. 

3. 	 The Federal rules do not allow an exemption from PSD and NSR rules for right of 

ways, pipelines, etc. The definition ofstationary source is revised to delete this 

exemption. 

Non-Reactive VOCs: 

On March 18, 1991, the EPA added five halocarbon compounds and four classes of 

perfluorocarbons to the list oforganic compounds which are negligibly reactive, and thus exempt 

from regulation as Volatile Organic Compounds under Regulation No.3, the Common 

Provisions, and Regulation No.7. In addition, the EPA revised the definition ofVolatile Organic 

Compound. 

The Non-reactive Volatile Organic Compound (VOC) list, as amended by the EPA, is 

incorporated into Regulation No.3, Section IV.0.4, the Common Provisions (definition ofNet 

Emission Increase, paragraph h.), and Regulation No.7. Section n.B. The State is not allowed to 

take credit for controlling these compounds in our SIP. In other words, sources cannot use 

reductions ofemissions ofthese compounds to offset VOC emissions, and we are not allowed to 

include emissions ofthese compounds in our SIP inventory. The EPA has determined that these 

compounds do not react in the atmosphere to produce ground level ozone. 

The EPA also revised the definition of "Volatile Organic Compound" to make slight 

clarifications. The definition in the Conunon Provisions and in Regulation No.7, Section n.A.I. 

is likewise revised. 

Municipal Waste Combustor Emissions Significant Level: 

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On February 11, 1991, the EPA promulgated New Source Performance Standards for Municipal 

Waste Combustors. In addition, the EPA promulgated "significant emission levels" for 

municipal waste combustor emissions. These significant levels are used to determine ifPSD 

requirements apply to major sources. 

The Commission revised the definition of "Significant" in the Common Provisions Regulation, to 

add the emission level for municipal waste combustor emissions. This addition is required in 

order to conform with the Federal PSD and NSR rules. 

Senate Bill 92-105 Revisions 

Senate Bill 105 revised the Colorado Clean Air Act. The new Colorado Act contains some new 

and revised provisions which are relatively simple and straightforward, and which could 

therefore be easily adopted into Regulation No. 3 and the Common Provisions at this time. 

These particular revisions were adopted to facilitate transition from the old Act to the new Act, 

and to eliminate confusion that could occur due to differences between the new Act and the 

existing regulations. The proposed revisions are as follows. 

Regulation No.3 

1. 	 Sections N.B.3, 4 and 5 - The new Act gives the Division 60 days (instead ofthe 

previous 20 days) to determine ifan application is complete. In addition, the 

Division has 12 months to complete the application process for PSD construction 

permit applications (previously limited to 135 days). 

2. 	 Section N.C.I.c - Change the reference date for the definition ofhazardous 

pollutant. A new definition has been adopted in the new Act. The definition 

includes the list of 189 chemicals from the Federal Act, and an additional list 

contained in the Colorado Act. 

3. 	 Section N.H - Change the procedures for granting offinal approval construction 

permits. Previously, the Division had only 30 days once a source commenced 

operation to inspect the source to detennine that all permit conditions were being 

met. The source now has 180 days to demonstrate compliance. Also previously, 

the Division could allow a source additional time to come into compliance before 

Final Approval was issued. Now the division must grant Final Approval or 

revoke the permit. 

4. 	 Section VI - The new Act sets forth new fee schedules for permits, annual fees, 

and APENS. The permit fees have changed from a schedule based on the type of 

facility to $50 per hour for all applications. The Division cannot exceed 30 hours 

in processing time unless the applicant is first notified that 30 hours will be 

exceeded. The annual fees are no longer based on the nwnber ofsources at, or the 

size and complexity of a facility. Instead annual fees are based on actual 

emissions. The APEN fee has changed from $60 to $75 for fiscal year 92. 

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Common Provisions 

1. 	 Section I.C - Incorporates the new Legislative Declaration ofthe new Act. The 

new declaration adds to the existing declaration that an accurate emission 

inventory is necessary for implementation of the air quality requirements. 

2. 	 Incorporates the new Acts definition of Air Pellutant. The definition is the same 

as previous except that precursors are now also considered to be "air pollutants." 

Precursors can be emissions such as nitrogen and sulfur oxides which can 

contribute to particulate matter emissions. 

3. 	 Revise definition ofEmission Control Regulation. The new definition is the 

same, except such regulations can now include work: practices and design, 

equipment, and operational standards. In addition, such regulations which apply 

to hazardous pollutants must be consistent with the new Act requirements 

concerning hazardous pollutants. 

4. 	 Revise definition of Federal Act to reference 1990. (previously referenced 1911.) 

5. 	 Revise the definition ofFederally Enforceable to indicate that the Division has 

authority to issue permits to synthetic minor sources. 

6. 	 Revise definition ofHazardous Air Pollutant. The new definition includes the 

pollutants listed under the Federal and Colorado Acts. 

1. 	 Refers to Adverse Environmental Effect, therefore this definition is added. 

8. 	 Add definition ofOzone Depleting Compound. The fee schedule requires the 

Division to charge fees for emissions ofsuch compounds, therefore the definition 

is added.I.E. 

I.F. Adopted June 22, 1993 

Statement ofBasis, Specific Statutory Authority and Purpose 

Revisions to Regulation No.3 

regarding Construction Permits 

This Statement ofBasis, Specific Statutory Authority and Purpose complies with the 

requirements ofthe Administrative Procedure Act, C.R.S. 1913, Section 24-4-103(4) for adopted 

or modified regulations. 

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The Colorado Clean Air Act requires stationary sources to report their emissions, obtain 

construction permits, and be subject to public notice before construction occurs. The 

Commission has authority to exempt sources from these requirements, ifthe sources do not have 

a significant adverse impact on air quality. Regulation No.3 has been in effect for approximately 

twenty years, and contains exemption lists for APEN and permit requirements. Based on twenty 

years ofexperience, the Commission believes it is appropriate at this time to revise the 

exemption lists to include additional sources which do not wverselyaffect air quality in 

Colorado. In addition, it is appropriate to revise the public notice requirements to address the 

sources for which is public comment is most likely to be received. 

The 1992 State Legislature revised the Colorado Clean Air Act to include new provisions 

concerning non-criteria pollutants. The Commission needs to address these provisions and revise 

the APEN reporting. permitting, and public notice requirements regarding these pollutants. 

A technical revision must be made to the definition of"significant,.. contained in the Common 

Provisions, to address major sources in nonattainment areas, as required under the Federal Act. 

Specific Authority 

The specific authority for this regulation is contained in the Colorado Air Quality Control Act, 

1992 as amended. The Legislative Declaration, Section 25-7-102, recognizes that an accurate 

emission inventory is needed in order to adequately manage air resources in Colorado. Section 

25-7-105 (l)(A)(I) requires the Commission to adopt into the State bnplementation Plan all 

requirements ofthe federal act. Sections 25-7-105(l)(c), 203, 204, 205, 206, 210 and 301 

provide authority to adopt a PSD and NSR program in conformance with the Federal and 

Colorado Acts. Section 25-7-105(12) provides authority to adopt regulations to implement the 

emission notice and construction permit programs. Section 25- 7-106 (1)( c) provides authority 

for adopting regulations which are applicable to the entire state, or only within specific areas or 

zones, or only to a particular pollutant. Seetion 25-7-109.3 provides authority for regulating 

non-criteria pollutants. Section 25-7-111 provides authority for the Division to administer 

regulations adopted by the Commission. Section 25-7-114.1 provides authority for requiring 

APENS, and for allowing exemptions from the requirement. Section 25-7-114.2 provides 

authority for requiring construction permits, and for allowing exemptions from the requirement. 

Section 25-7-114.5 provides authority for requiring public notice ofconstruction permits. 

Commission action in promulgating these revisions is taken pursuant to Sections 25-7-105 to 

-109 and 25-7-114, C.R.S., as amended. 

Pmpose 

Definition of "Significant" 

The Common Provisions Regulation contains definitions that are used in the Prevention of 

Significant Deterioration (PSD) and New Source Review (nonattainment, NSR) permit programs 

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ofRegulation No.3. The PSD and NSR requirements and definitions must be equivalent to the 

Federal requirements. The definition ofsignificant lists emission levels at which modifications 

at major sources become subject to the PSD and NSR requirements. Currently. the language in 

the definition indicates that the emission levels only trigger PSD requirements. The definition is 

changed to indicate that the levels also apply to the NSR nonattainment rules. 

APEN Requirements - General 

This language is revised to clarify what emission estimates qtust be included ilt.an APEN (actual 

emissions for annual fee purposes, and requested amount for permit limits). In addition, 

language is added to clarify that a source need not perform a stack test for the sole purpose of 

providing an APEN emission estimate. Other acceptable estimation methods are usually 

available for APEN purposes. In some instances, it is possible that an emission factor may supply 

a more accurate estimate than mass balance calculations, and vice versa. In such cases, a source 

may choose to use either mass balance, or emission calculations. Ifthe Division believes that 

estimates can be better made using the method ofthese two that the source does not choose, the 

Division may question that source regarding the choice. The emission estimate included in an 

APEN is not required to be an exact calculation of emissions, but rather the source's best 

estimate, to the extent practical, of emissions. As stated in the Legislative Declaration ofthe 

Colorado Air Quality Control Act, the APEN information is to be used to achieve the most 

accurate and complete inventory possible, and to provide for the most accurate enforcement 

program achievable based upon that inventory. 

The Colorado Clean Air Act states that APENs are valid for five years, unless a significant 

change in emissions occurs. This provision is added to the regulation. 

Language is added to clarify that each unit is considered to be a "source" for APEN purposes. 

unless similar sources can be grouped together. 

Emission calculations for purposes ofdetermining ifa de minimis emission level is triggered will 

be based on actual uncontrolled emissions. Sources will not be allowed to take credit for control 

devices in the de minimis calculation because the Commission has no method ofdetermining if 

the control equipment will be used, or used continuously and properly. 

The Commission believes there may be cases where the source demonstrates that itis not feasible 

to estimate the control efficiency ofa device for non-criteria pollutants. In such instances, the 

Commission gives the Division discretion to allow the de minimis level to be triggered based on 

actual, instead ofuncontrolled actual, emissions. New language is added regarding non-criteria 

pollutant APEN requirements. 

Revised APEN Requirements 

The Colorado Act requires revised APENs to be submitted whenever a "significant change" in 

emissions occurs. The significant levels for criteria pollutants remain unchanged from the 

previous regulation, except that a significant level has been added for lead emissions. For 

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non-criteria pollutants, the significant change level is set at 50% or five (5) tons per year, 

whichever is less. 

Sources should note that APENs must be submitted ifthe source begins to emit a pollutant which 

was previously not included on an APEN. Also, the Commission may add pollutants to the list 

ofnon -criteria reportable pollutants. When chemicals are added, the Commission will determine 

the schedule for submitting new or revised APENs to report the new pollutant emissions. 

NOTE: Significant change criteria are used to report changes in emissions for inventory pwposes 

only. If a planned change in emissions requires a new permn, or modification ofan existing 

permit (violates an emission limit, triggers PSD or NSR), then an APEN must be filed and the 

permit must be revised before the change at the facility occurs. 

Revised APENs for emission updates must be submitted by April 30 ofthe following year. The 

EPA requires states to update the emission inventory by July 1 ofeach year, to include the 

previous year's emissions (Code ofFederal Regulations, 40 CFR 51.321). The Commission 

believes the April 30 date should give sources enough time to compile their inventory, and will 

also give the Division enough time to update the system by July 1. Sources should plan ahead 

and have as much oftheir inventory completed as possible before the end ofthe year. In this 

way, the source would then only need to add December, or at worst information for the last 

couple ofmonths ofthe year, to the data in order to meet the April 30 deadline. 

Revised APENs are required when a change in the type ofcontrol equipment being used is made. 

This allows the Commission to ensure that the new control equipment will meet the applicable 

requirements, and to verify that actual emissions have decreased or increased due to the use of 

the new equipment. Oftentimes, stack tests are required to ensure that control equipment meets 

applicable requirements. A change in the control equipment can affect this compliance 

determination. Revised APENs will not be required for routine maintenance, repair and 

replacements. These routine activities should not affect the effectiveness ofthe equipment. 

Permit applications must include an APEN on which the owner or operator indicates what 

production or emission level the source wishes to be permitted at. Any desire to increase the 

permitted emission level requires the submittal ofa revised APEN, so that the Division can 

evaluate the change against the regulations before modifying the permit. 

Portable Facilities 

Revised APENs are no longer required when a portable source changes location. The 

Commission does not believe it is reasonable to charge the APEN filing fee each time a source 

moves. Portable sources win still be required to notify the Division at least ten (10) days before 

relocating. This allows the Division to be aware of a source's location ifany concerns regarding 

the source are raised by the public. 

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Emergency and Backup Generators 

Electric utilities may use emergency or backup generators to ensure that blackouts do not occur 

in the electrical grid. These units are usually operated instead of, or for short periods in addition 

to, main utility boilers. Facilities which include the main boilers are usually major sources, and 

therefore have a major source construction permit, or will in the future have a major source 

operating permit. Once the facility is covered under one ofthese permits, the Commission sees 

no need for the owner or operator to submit annual updates regarding the emissions from the 

emergency units. 

Other emergency units are not located at the main unit facility, but are located individually in the 

field. These units will most likely obtain a synthetic minor permit to avoid major source permit 

requirements, since operation is usually intermittent. Once such sources obtain a synthetic minor 

permit, the Commission again will not require the source to submit annual emission updates. 

APEN Requirements - Non-Criteria Pollutants 

There are 363 non-criteria reportable pollutants. The Commission divided the pollutants in two 

major groups: those that are required to be reported in 1993, and those that have to be reported in 

1994 and subsequent years. There are also two groups ofchemicals (Radionuclides and 

Polycyclic Organic Matter) whose reporting requirements were postponed until such time as the 

Commission determines that they can be accurately quantified and reported. 

APEN Requirements - De Minimis Levels 

All de minimis levels are based on uncontrolled actual emissions (except where the control 

efficiency cannot be estimated), as discussed above under General APEN Requirements. 

APENs are required ofsources in attainment areas when the emissions ofany criteria pollutant 

from a source exceed two tons per year (except for lead). 

Sources in nonattainment areas must file when emissions ofany criteria pollutant exceed one ton 

per year. Note that the pollutant being emitted above the de minimis level does not have to be a 

non attainment pollutant. Any pollutant triggers the one ton per year level, regardless ofthe 

pollutant's attainment designation. 

Because the area is a growth area, and inversions occur in the area, a Grand Junction group 

requested that APENs be filed when emissions ofany criteria pollutant exceed one ton per year. 

The Commission determined that hearings should be held in the Grand Junction area, and that 

Grand Junction should pursue their own rules. Language which would have treated Pueblo 

likewise is not included, due to requests from industries in Pueblo, and the Pueblo County Health 

Department. 

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I 

The de minimis level for lead in all areas is 100 pounds per year. 

f 

i For non-criteria pollutants, the Commission assigned each pollutant to one ofthree "bins" based 


on information concerning the health effects ofthe pollutant. The Commission also developed a 


series ofthree scenarios for an emission point based on the release_height ofthe pollutant and the 


distance from the release point to the property boundary. The reSUlting three by three grid as well 

as instructions on how to apply it can be found in Appendix A. Note that future actions by EPA 

may effect the de minimis reporting levels for certain chemicals that appear on the EPA list of 


189 toxic chemicals. 


i 

APEN Requirements - Exemption List 

Numerous new source categories have been added to the APEN exemption list. Each category 

was examined for its impact on air quality in Colorado before being added to the list. Each I 

category which was added is believed to have a negligible impact on air quality. 

The source category exemptions override the de minimis levels. Sources which fit into the 


category are exempt, even if emissions exceed the de minimis levels. 


Each category will not be addressed individually in this statement, however the following 


categories deserve specific comment. 


Fires and equipment used for cooking offood for human consumption: Not all cooking 


equipment has been exempted in this category. The Commission has concerns regarding 


equipment in which grease from the food being cooked comes into contact with the flame ofthe 


equipment, thus leading to potential opacity and particulate matter problems. TItis is especially 


ofconcern in PM-l0 nonattainment areas. TItis exemption applies only to noncommercial 


cooking and to food service establishments, such as restaurants and cafeterias. The exemption 


does not apply to manufacturing facilities. 


Fuel burning equipment: The design rate cutofffor fuel burning equipment has been raised from 


750,000 BTUlhour to 5 :M::MBTUlhour. The fuel use is still restricted to gas, and does not 


include oil or coal, since the latter two fuels may result in significant sulfur dioxide emissions. 


Fuel burning equipment which uses gaseous fuel and which is used solely for building heat is 


exempt ifthe design rate is below 10 MMBTUlhour. The Commission has determined that the 


emissions from the exempted unit, based on EPA AP-42 emission factors, are negligible. 


Chemical storage areas where chemicals are stored in closed containers ... : TItis exemption only 


applies to the storage ofchemicals at qualifying facilities. The exemption does not include 


facilities where chemicals are loaded into or out of, or transferred between, storage containers. 


Bulk storage tanks would not qualify for this exemption, since often the material is loaded and 


unloaded, and such tanks have vents from which emissions occur due to breathing losses. See 


sections 11.0. Ln., ee., uu., ddd. and m: for storage tank exemptions. 


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The Commission will require APENs only for pollutants which are defined as "criteria" 

pollutants or "reportable non-criteria" pollutants (HAPs, CFCs, SARA 313). Any other 

pollutants such as carbon dioxide, methane, nitrogen, oxygen, do not require APEN submittals. 

Aerosol Can Usage: There may be instances where a source may exclusively use large amounts 

ofaerosol cans, or may use large amounts in addition to other processes. The Commission 

expects that these instances will be rare. lfthe Division, a local agency, or others discover such a 

source, and ifthe source emits amounts ofpollutants which are believed not to be negligible, 

such concern can be brought before the Commission as a request to require such source to file 

APENs and/or obtain a permit. (See discussion under "Adding and Deleting Exemptions," 

below) 

Odorous emission sources: This exemption only applies to odor emissions, and not to any other 

emissions of criteria or non-criteria pollutants which may be associated with the odor. This 

exemption does not absolve any source from the requirements ofRegulation No.2 (regarding 

odor limits). Ifa source emits any pollutant which is above an APEN de minimis level. the 

source must file an APEN. regardless ofodor. 

Portable 5 mmbtulhour engines: One party requested that these sources be exempt from APEN 

and permit requirements. The Commission has determined that sufficient evidence is not 

available to indicate that emissions from these sources have a negligible impact on air quality in 

Colorado, therefore they are not exempt until such evidence is forthcoming. 

Laboratory equipment and pilot plants: The subcommittee for these rule revisions held extensive 

discussions regarding exemptions for laboratory equipment and pilot plant activities. More work 

is needed to define these activities, determine ifthe emissions are negligible, and ifsuch 

activities should be exempt from APENS, permits, or both. The Commission recommends that 

subcommittee discussion ofthis issue continue, and that it be addressed when Regulation No.3 

is revised to include the Title V operating permit rules (currently scheduled to occur in July of 

1993). 

Adding and Deleting Exemptions 

The Commission has delegated authority to the Division for adding source categories and 

activities to the APEN and permit exemption lists. Ifany person believes that a source category 

or activity should be removed from the exemption lists, because it is discovered that emissions 

have an impact on air quality or health that is not negligible, such person may at any time go 

before the Commission to request that such source category or activity be required to file APENs 

and/or obtain permits. 

Oil and Gas Exploration Activities 

Oil and gas exploration activities are activities for which it is difficult for the owner or operator 

to estimate what emission equipment will be required, and therefore what emissions will occur, 

until the exploration activities are already underway, and near completion. For this reason, the 

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Commission has extended a temporary exemption from APEN and pennit requirements for such 

activities. Before commencing exploration activities, the source must notifY the Division. In this 

way, the Division is aware ofthe activities and will be able to address any concerns that are 

raised by the public. Once an owner or operator has determined that an oil or gas well will be 

produced, and has :filed well completion information, the owner or operator must file an APEN 

and a permit application within 30 days ofthat completion filing. The permit application must 

indicate what regulations are applicable to the source, and how compliance will occur, until the 

construction permit is issued. This helps the source and the Division to ensure that air pollution 

regulations are being met. Ifthe well will not be produced, the source must notifY the Division 

so that the Division does not expend resources following up on unproduced wells. 

APEN Reporting Deferrals for Source Categories 

Due to ongoing studies aimed at quantifYing their emissions ofnon-criteria pollutants, the 

Commission has deferred APEN reporting requirements for five source categories until six (6) 

months after the studies have been completed or December 31, 1994, whichever is earlier. The 

categories are industrial boilers, municipal wastewater treatment plants, publicly owned water 

treatment plants, municipal power generators ofless that ten (10) megawatts which operate for 

250 hours or less per year, and natural gas glycol dehydration units. The EPA is conducting 

studies regarding the first four categories. The oil and gas industry is conducting studies to 

quantifY emissions from dehydration units. This study is currently underway and is expected to 

be completed in the near future. 

In addition, sources which are not undergoing study, but which believe sufficient information is 

not available for estimating their non-criteria pollutant emissions, may petition the Division for 

deferral ofthose emissions until sufficient information is available. 

HAP Permit Requirements 

Ofthe 363 non-criteria pollutants/compounds, 330 are defined as hazardous air pollutants 

(HAPs). Sources emitting HAPs are required to obtain permits ifthey are subject to Colorado 

MACf or GACf or the Federal Title mor Title V provisions. 

Synthetic Minor HAP Sources 

Some parties to the hearing requested that sources which emit HAPs be allowed to avoid future 

Maximum Achievable Control Technology (MACT) and operating permit requirements by 

obtaining "synthetic minor" permits. These permits would contain federally enforceable limits 

which would keep emissions below the levels which trigger the MACf and operating permit 

requirements. The Colorado Act appears to restrict synthetic minor permits to criteria pollutants 

only. The subcommittee recommended that this issue be deferred to the HAP subcommittee 

which will meet in the near future to address Colorado MACT and other HAP issues. Synthetic 

minor permits for HAP sources are therefore not addressed in this revision. 

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Permit Transfer ofOwnership 

The party to which a pennit is issued, whose name is included on the pennit, is legally 

responsible for ensuring that all conditions and tenns in the permit are met. The pennit must 

contain the correct legal name, reflecting the correct responsible party, in case an enforcement 

action needs to be taken. In some cases, the legal name of a company may change, while no 

modifications are made to the equipment. In such cases, the source need only file a single APEN 

indicating the change. In all cases, the Division must have on file an application and APEN fonn 

with the correct name ofthe responsible party, and including the signature ofthe person legally 

responsible for the infonnation. 

Permit Requirements - De Minimis Levels 

Permit de minimis levels for criteria pollutants have been increased. Levels differ based on the 

attainment status ofthe area. As for the APEN de minimis levels, the nonattainment area levels 

are triggered by any pollutant, not just the nonattainment pollutants. 

Language which would have set permit levels for the Grand Junction area lower than the levels 

for attainment areas was not adopted. See discussion above under APEN de minimis levels. 

Emissions are compared against the de minimis levels by adding emissions from all sources at 

the facility which are required to file and APEN. In some cases, a source may initially be below 

the de minimis levels, but as new units are added to the facility, the de minimis level is 

eventually exceeded. At such time that addition ofnew units causes the permit de minimis level 

to be exceeded, the source must file a permit application for all units at the facility. 

Permit de minimis levels for sources ofHAPs will be set at the time that the MACT or GACT for 

that source category is determined. 

Permit Requirements - Exemption List 

A few new source categories have been added to the permit exemption list. As for APENs, the 

source category exemptions override the de minimis levels. 

Domestic wastewater treatment works: This exemption applies only to treatment facilities which 

handle wastewater strictly from domestic homes, or wastewater that is similar in nature. It does 

not include facilities which treat wastewater from municipalities or other sources. The facility 

may be publicly or privately owned. Wastewater other than domestic wastewater, including 

municipal wastewater, may contain contaminants from industry and other sources which would 

result in emissions which are much more significant than the emissions from domestic 

wastewater. 

Fuel burning equipment: Fuel burning equipment with a design rate less than 10 M:MBTUlhour, 

using natural gas as a fuel, are exempt from permit requirements because this is the rate at which 

the New Source Perfonnance Standard for small boilers is applicable (Regulation ···.ro. 6). 

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Surface Mining Activities: 70,000 tons per year is the production rate at which the Mine Land 

Reclamation Bureau exempts mining operations from MLRB pennit requirements. Oftentimes, 

these small operations are only temporary, in order to provide material for highway construction 

projects. The source has often ceased operation before an Air PoJJution Control inspector can 

visit the source to determine compliance. Crushers, screens and other processing equipment are 

not exempt because these activities may be subject to specific air quality emission limit 

regulations. 

AppJicable Requirements Override APEN and Pennit Exemptions 

To ensure that sources comply with all applicable air quality regulations, an APEN or permit 

exemption may not be used iftaking the exemption would allow a source to avoid any air quality 

regulation requirements. This provision applies to the source category exemptions and to the de 

minimis level exemptions. For example, a source may not claim that it is exempt from permit 

requirements because it has numerous sources which are below a de minimis level, ifthe 

potential emissions from those sources would exceed the PSD major source limit of 100 or 250 

tons per year. In such a case, the source would be required to apply for a PSD permit, or must 

obtain a permit to limit its potential to emit. In order to limit potential to emit, the permit must 

contain federally enforceable conditions which limit the physical or operational capacity ofthe 

source so that emissions are below the 100 or 250 ton per year level. 

Sources which are subject only to the opacity or general fuel burning and manufacturing 

requirements ofRegulation No. 1 may take any applicable exemption. Likewise, sources which 

are subject to the general RACT requirements (but not the specific RACT requirements) of 

Regulation No.7, and sources which are subject to the current Regulation No.8 provisions, may 

take any applicable exemptions (i.e., they are exempt iftheir emissions are below de minimis 

levels). RACT for sources which would qualify for the APEN exemptions is usually "no 

control." 

Similarly, sources which are subject only to Regulation No. 1 opacity, general fuel burning, and 

general manufacturing requirements are exempt from permit requirements. Sources which are 

subject to Regulation 7, but which must adopt only work practice standards, are exempt from 

permit requirements iftheir emissions fall below the de minimis level (two tons per year of 

VOC). Sources which are subject to State-only requirements ofRegulation No.8 are exempt 

from permit requirements. 

Regulation No.1, 7 and 8 sources which take APEN or permit exemptions must still meet the 

regulation requirements, even though an APEN or permit is not required. The provisions which 

would apply to these sources are fairly straight forward and can therefore be easily enforced by 

the Commission through the regulation, without requiring a permit. 

Public Notice Requirements 

The criteria po11utant emission level at which a source in an attainment area must go to public 

notice has been increased from 25 to 50 tons per year (except for lead). In nonattainment areas, 

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the level remains at 25 tons per year. Lead sources are required to go to public notice when the 

emiss~ons exceed 200 pounds per year. The Commission has detennined that raising these levels 

will not impact the number ofpublic comments the Division receives. Any source requiring a 

pennit for HAPs is required to go to public notice. 

Note that Section I IV.C.3 provides that the Division may require any source to be subject to 

public comment, ifit is detemrined that such source warrants public comment. The EPA 

requires that all sources subject to PSD or NSR go to public comment. In addition, in order to 

make limits on potential to emit federally enforceable, pennits containing such-limits must go to 

public notice. At this time, the Commission will use this section to ensure the EPA requirements 

are met. Language will be added to clarify these requirements when the next revision to 

Regulation No.3 occurs (currently scheduled to occur in July of 1993). 

I.F. Adopted July 15, 1993 

Statements ofBasis. Specific Statutory Authority. and Purpose 

Revisions to Regulation No.3 

This Statement ofBasis, Specific Statutory Authority and Purpose complies with the 

requirements ofthe Administrative Procedure Act, C.R.S. 1973, Section 24-4-103(4) for adopted 

or modified regulations. 

The 1990 Amendments to the Federal Clean Air Act requires states to implement an operating 

permit program. This program is applicable to certain sources, and requires the sources to obtain 

detailed pennits which are to be renewed every five years. 

Failure ofa state to implement an operating pennit program will result in EPA sanctions, such as 

loss ofhighway funds and increased offset requirements for sources wishing to locate in 

Colorado nonattainment areas. In addition. the EPA may implement the operating pennit 

program ifa state fails to implement a program. 

The existing construction permit program will continue to exist, however changes have been 

made to the program so that the two pennit programs (construction and operating) compliment 

each other. 

Specific Authority 

The specific authority for this reguJation is contained in the Colorado Air Quality Control Act, 

1992 as amended. Section 25-7-1 05( 1 )(A)(I) requires the Commission to adopt into the State 

Implementation Plan all requirements ofthe federal act. Sections 25-7-105(12) provides 

authority to implement the operating permit provisions ofTitle V ofthe Federal Act. Section 

25-7-105.1 sets forth federal enforceability provisions. Section 25-7-106(6) provides authority 

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for monitoring, recordkeeping and reporting requirements, Section 25-7- 109.3 provides 

authority for regulating hazardous air pollutants (HAPs). Section 25-7-111 provides authority for 

the Division to administer regulations adopted by the Commission. Section 25-7-114.1 provides 

authority for requiring APENS, and for allowing exemptions from the requirement. Sections 

25-7-114.2 through 114.5 set forth construction and operating permit requirements, and 

application and public participation requirements. Commission action in promUlgating these 

revisions is taken pursuant to Sections 25-7-105 to -109 and 25- 7-114, C.R.S., as amended. 

Purpose 

NOTE: Subcommittee documents which discuss the issues and decisions regarding this 

regulation in detail, and provide fact sheets for various provisions, are available at the Division 

and Commission offices. 

I. Operating Permit Program: 

A. Who is subject to the Operating Permit Program? 

1. Definition ofAir Pollutant 

Sources with potential to emit· 100 tons per year of any air pollutant must 

obtain an operating permit (these sources are referred to as 'major 

sources"). For purposes ofthe operating permit program, air pollutant 

means any pollutant for which an ambient air quality standard has been set 

(and their precursors), any pollutant which is regulated under the New 

Source Performance Standard regulations (NSPS, Regulation No.6), any 

Class I or Class n ozone depleting compound, and any hazardous air 

pollutant (all HAPs listed in either the Federal or Colorado Acts). 

The Commission has detennined that it is not appropriate to use the 

Colorado Act definition of air pollutant for operating permit purposes. 

The Act defines air pollutant as being any substance emitted to the 

ambient air, except for water vapor. Since many substances occur 

naturally in ambient air, and others will never be subject to any air 

regulations, operating pcnnits are not needed for emissions ofsuch 

pollutants. 

Major sources of any air pollutant as defined for operating permit purposes 

must obtain an operating permit, even ifno specific standard has been set 

for the particular air pollutant (see further discussion under "regulated 

pollutant," below). 

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2. Major HAP Sources 

Sources which have potential to emit 10 tons per year or more ofa single 

HAP or 25 tons per year or more of a combination ofHAPs are considered 

to be "major sources," and must obtain an operating permit, even ifno 

standard for the HAP has yet been set. 

Major sources of Colorado HAPs must obtain an operating permit. Permit 

conditions related to Colorado HAPs ~ll be treated as s~~te only 

conditions (see further discussion below). 

·See definition ofpotential to emit, Part A ofthis regulation. Potential emissions are calculated 

assuming the source operates continuously, at full design rate, using no pollution control 

equipment. See additional information and details in subcommittee papers (Group D, Synthetic 

Minors Issue Paper and Fact Sheet). 

3. Fugitive Emissions 

Fugitive emissions must be included when determining if a source is major 

for HAPS. Fugitive emissions must be included when using the 100 ton 

per year threshold (to determine if the source is major) if the source is 

listed, or if the source and pollutant is subject to any NSPS or Title m 

regulation. 

Fugitive emissions must be included as required for the Prevention of 

Significant Deterioration (PSD) and nonattainment new source review 

(NSR) programs. 

The Commission has not included language which exempts fugitive dust 

sources from the major source definitions at this time. Further 

investigation is occurring regarding HAP emissions from such sources, 

and discussions with EPA will continue to determine how to treat such 

sources. Once these activities are completed, the Commission will 

consider this issue. 

4. Applicability Determinations 

Sources are ultimately responsible for determining ifthey are subject to 

operating permit requirements. The Small Business Assistance Program is 

available to assist small businesses in understanding the requirements, in 

determining applicability, and in complying with the requirements. No 

"applicability determinations" are available for other sources. The 

Division must recover the cost ofimplementing the operating permit 

program. Time spent reviewing informal requests for applicability 

determinations would not be recovered. Sources who believe they are 

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s. 


subject to the operating permit program should file an application. During 

the sixty day completeness determination, ifthe Division discovers that 

the source is not subject to the operating permit requirements, the source 

will be notified. In addition, ifthe source has obtained a construction 

permit, it will most likely have been determined then ifan operating 

pennit is required. Also, preapplication meetings with the Division are 

available to sources. All time spent by the Division in reviewing 

applications will be charged to the source. 

Synthetic Minor Sources 

Existing sources are subject to the operating pennit requirements. Some 

existing sources may want to obtain federally enforceable limits on their 

production rates or hours ofoperation, or emission limits in order to avoid 

the operating permit requirements (known as synthetic minor sources 

because such limits are needed to make them minor). Construction 

permits can be obtained to keep emissions below the major source 

thresholds. Some existing sources do not have construction permits. 

Others may have construction permits which do not currently limit 

emissions below the major source thresholds. Sources may avoid the 

operating permit requirements by obtaining an emission-limiting 

construction penni! before they are required to apply for operating permits. 

Sources must obtain a synthetic minor construction permit before the 

November 1994 due date, or before one year after EPA program approval, 

whichever applies (see discussion below). Ifa synthetic minor permit is 

not obtained before the applicable date, an operating permit application 

must be submitted. 

The Division will review all existing construction pennits over a period of 

time as resources allow, to determine ifthe existing permits are federally 

enforceable. In the interim, the Division will assume that all previously 

issued construction permits are federally enforceable. 

New sources may likewise obtain synthetic minor construction pennits 

before they construct in order to avoid the operating permit requirements. 

All synthetic minor permits must go to public notice in order to be 

federally enforceable (see discussion below). 

"Once in always in" does not apply to the operating pennit program 

(however it does apply to the PSD program). Ifa major source has an 

operating permit and reduces its emissions below major source levels, the 

source may apply for a synthetic minor permit in order to cease being 

subject to operating pennit requirements. 

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6. Minor Source Exemption 

The EPA allows states to give minor sources subject to existing New 

Source Performance Standards (NSPS) a five year deferral from the 

operating permit requirements. Within five years ofthe approval ofany 

State program, the EPA will determine ifthe deferral should be extended 

further, or ifsome or all minor sources should be permanently exempt 

from operating permit requirements. Ifthe EPA first approves any State 

program in November of 1994, this means that minor sources may be 

exempt until November of 1999. The EPA will decide ifminor sources 

subject to new MACT or GACT (Maximum or Generally Available 

Control Technology) standards and NSPS should be exempt on a case by 

case basis as the new rules are promulgated. 

The Commission has exempted existing minor NSPS sources from the 

operating permit program at this time. New NSPS and MACT standards 

will be adopted by the Commission as EPA promulgates them, and at such 

time the Commission shall determine operating permit applicability. 

7. Voluntary Operating Permits 

Any source which is not required to obtain an operating permit (minor 

sources) can request an operating permit, if desired. An operating permit 

allows minor sources to obtain the operational flexibility and permit shield 

provisions allowed in the operating permit program (note, however, that 

most ofthe operational flexibility provisions are available under the 

construction permit program, see discussion under construction permit 

program section). The operating permit will replace the source's 

construction permit. A construction permit is a SIP requirement, and 

conditions in the construction permit are federally enforceable (except for 

state only conditions). All conditions in the operating permit must 

therefore be federally enforceable. Operating permits which are issued to 

sources voluntarily applying will be subject to all ofthe operating permit 

procedural requirements (public notice, EPA review, etc.) 

B. When are operating permit applications due? 

1. Existing Sources 

The federal act allows states to phase in processing of existing source 

applications over a three year period. One third of the applications must 

be acted upon within each year after EPA approves the state's program. 

The program will be submitted to the EPA by November 15, 1993. The 

EPA has one year to approve the program, therefore the Division must 

begin processing applications beginning No\"ember 15, 1994. 

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2. 


The Commission has directed the Division to divide the existing sources 

into thirds. One third ofthe existing sources must submit their operating 

permit applications by November 15, 1994. The Division will use the new 

APEN information to identify the first third, and will notify the first third 

by November 15, 1993. The first third will consist ofthe least complex 

sources. The least complex sources should find it easier to prepare their 

operating permit applications, and the Division should find it easier to 

process these applications first. The Division will be able to identify any 

problems with the review procedures, etc. during the first year. 

NOTE: The Division cannot issue an operating permit until the EPA has 

approved the program and is thus ready to begin receiving permits for 

review. The Division will therefore "hold" applications processed during 

the first year until the EPA is ready to accept them for review. Once EPA 

has reviewed and approved the permits, the permits can be issued. 

The remaining existing source applications will be due one year after the 

EPA approves the state's program. The Division will provide notice ofthe 

EPA approval date and sources are responsible for submitting their 

applications on time. 

The Division must determine ifeach application is complete within 60 

days ofreceipt. This may not be possible during the three year phase in, as 

many applications will be received at once. The Division will make its 

best effort to make the completeness determination for all pennits within 

60 days. Ifthe Division fails to do this, the application shield applies, and 

the Division cannot enforce against the source for failure to have a 

complete application on file. The Federal rule provides, however, that the 

Division has the authority to ask for additional information at any time 

during the process, and to set a reasonable date by which the information 

must be submitted. Ifthe source fails to submit the additional information 

by the due date, the application shield no longer applies. The Commission 

is confident that under these provisions sources and the Division can 

effectively work together to ensure that applications are processed in a 

timely fashion. 

New Sources and Relationship to the Construction Permit Program 

New sources which wish to locate in Colorado must obtain a construction 

permit, or a combined construction/operating pennit before commencing 

construction. The source may choose to obtain a construction permit or a 

combined permit. 

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Sources which choose to obtain a construction pennit must apply for a 

construction pennit according to the provisions of Part B ofthis 

regulation. Once a construction pennit is obtained, the source can 

commence construction and begin operating. Within 180 days of 

commencing operation the source must undergo a "final approval" 

inspection to demonstrate that all pennit conditions are being met. Within 

12 months of commencing operation, the source must apply for its 

operating permit. Once a complete operating pennit application is 

submitted, the source can continue to"'Operate under its construction pennit 

until it receives its operating permit. 

Sources which choose to obtain a combined construction/operating permit 

must apply for such pennit before commencing construction. The 

application for a combined permit must contain all ofthe required 

information for an operating permit. The Division will issue the pennit, 

which will essentially be an operating pennit. The source can then 

commence construction and operation. Within 180 days ofcommencing 

operation, the source must demonstrate compliance with all permit 

conditions (this 180 day requirement will be a permit condition, and the 

appropriate hourly processing fee will be charged for the associated 

inspection). The source continues to operate under its operating pennit 

and no further action is required until permit renewal. 

The procedures for obtaining construction permits are not as intense as 

those required to obtain an operating pennit. More extensive public and 

EPA participation is required in the operating pennit process. In addition, 

more information and requirements must be incoIporated into an operating 

pennit than into a construction pennit. Nevertheless, it may be 

advantageous for sources to combine the processing ofthese two types of 

pennits in order to avoid duplication ofeffort. 

The advantage of a combined permit is that an additional application step 

is avoided. Sources should note, however, that an operating permit 

application requires more specific infonnation regarding compliance 

monitoring, recordkeeping, etc., than a construction pennit application. 

Sources which choose to obtain an operating permit before construction 

must be able to supply all ofthe required infonnation for a complete 

operating pennit application. 

Sources which choose to obtain an operating pennit before construction 

will be subject to the operating pennit timeframes for processing instead 

ofthe shorter construction pennit timeframes. Construction permit 

applications can take up to 90, 135, or 365 days, depending on type and 

size ofsource. Operating pennit applications can take up to 540 days. 

Construction pennits require public notice and opportunity for comment 

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only for sources emitting more than 25 or 50 tons/year of any criteria 

pollutant, and requires opportunity for public hearing for Prevention of 

Significant Deterioration (PSD) sources only. The operating permit 

program requires public notice and opportunity for hearing for all sources. 

Ifthe programs are not combined, a source may have to undergo public 

notice twice, once under each process. PSD sources may have to undergo 

public hearings twice. The EPA only reviews certain applications and 

draft permits under the construction permit program, and usually does so 

during the public comment period. The EPA is allowed 45 days to review 

draft operating permits near the end ofthe process, and then the Division 

has 90 days to revise the pennit, ifnecessary. 

Sources should consider carefully their confidence in their ability to 

operate as expected or planned after construction before choosing to obtain 

a combined permit. 

3. Application Shield 

Once a source has submitted a complete operating permit application the 

source is protected from enforcement action for operating without an 

operating permit, and can continue to operate until the operating permit is 

issued. 

Sources which submit an application for a combined permit may not 

construct the source until they receive their combined permit. 

C.· What must be addressed in operating permit applications and permits? 

1. Configuration and Grouping ofSources 

Total emissions at an entire site (including fugitive emissions at listed and 

HAP sources) must be considered to determine ifa source is subject to the 

operating permit requirements. Once a source is subject, however, the 

owner or operator may choose how many operating permits to obtain for 

the source. A single permit may be issued for the entire source, or 

individual permits may be issued for individual units, buildings, processes, 

etc. For example, research and development activities may be permitted 

separately from the rest ofa facility, in order to take full advantage ofthe 

operational flexibility provisions for constantly changing research and 

development activities. In addition, portions of a source could be covered 

under general permits. See discussions below under operational flexibility 

and general permits. 

The configuration for operating permits may, but is not required to, 

conform with the way in which a source chooses to file APENS. For 

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5 CCR 1001-5 

example, a source may file separate APENs for all ofthe units at its 

facility, but a single operating permit can be obtained. Similarly, a source 

may file grouped APENs for similar units at its facility, and the operating 

permit could contain a general statement that the types ofunits exist at the 

facility, and could then state what the applicable requirement and 

associated monitoring, recordkeeping and reporting requirements are for 

that group of sources. The permit does not have to list the requirements 

separately, and the monitoring, recordkeeping and reporting requirements 

can be tailored to meet the needs of tht source and the Division for that 

group of sources. SPECIFIC EXAMPLE: Numerous degreasers are 

located throughout a facility which is located in the ozone non attainment 

area (metro-Denver). A grouped APEN is filed for all ofthe degreasers. 

Since Regulation No. 7 applies to the degreasers, they must be addressed 

in the operating permit. The operating permit choices are: 1) obtain an 

operating permit for the degreasers only, separate from the rest ofthe 

facility; 2) obtain a single permit for the whole facility, and include a 

general statement/applicable requirement condition as described above for 

the degreasers; 3) obtain more than one operating permit for the facility, 

placing the degreasers in whatever permit(s) the owner or operator 

chooses. The Commission believes substantial flexibility is available for 

issuing operating permits that the source can most efficiently deal with, 

while still meeting the Clean Air Act requirements. 

2. "Regulated Pollutants" 

Once subject to operating permit requirements, a major source must 

include all applicable requirements and emission units in their application 

and must address each "regulated pollutant" associated with the source 

(except for insignificant activities, see below). 

The definition ofregulated pollutant is to be used strictly for determining 

what must be addressed in an operating permit once a source is required to 

obtain the permit. The definition ofregulated pollutant has nothing to do 

with the definition ofmajor source. (See discussion above, regarding the 

definition of air pollutant). 

Pollutants to be addressed in the application include each pollutant for 

which an ambient standard has been set (and precursors to such standards, 

such as volatile organic compounds), ozone depleting chemicals (CFCs), 

any pollutant subject to a standard under regulation No.6, and any 

pollutant subject to a standard under the HAPs requirements (including 

Colorado HAPs). 

"Regulated HAPs" 

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3. 


Note that a HAP must be subject to a standard before the applicant is 

required to address it in the permit application. Once the EPA adopts a 

MACT standard for a particular HAP, all sources, even those not subject 

to the particular MACT standard, and even those not in the source 

category, must address that HAP in applications. In cases where the 

Commission or Division determines MACT on a case-by-case basis 

because the EPA has not, the HAP becomes regulated only for the 

particular source subject to the case-by-case standard. Once the EPA 

promulgates the list of 112(r) (accidental release) pollutants, those 

pollutants will be considered to be "regulated" for all sources. 

Fees 

The definition ofregulated pollutant contained in Part A ofthis regulation 

is not used for fee purposes. The Colorado Act specifically sets forth 

which pollutants are to be assessed fees, and the fee pollutants are set forth 

in section VI ofPart A. A pollutant does not need to be subject to a 

standard before the Commission can assess fees. 

Insignificant Activities 

Once subject to operating permit requirements, a major source must 

include all applicable requirements and emission units in their application 

and must address each "regulated pollutant" associated with the source 

except for activities which the Commission has determined are 

"insignificant." This regulation sets forth to what extent each activity or 

piece ofequipment at a facility needs to be fully described and included in 

an operating permit. 

The Commission has tailored the insignificant list after the Air Pollution 

Emission Notice (APEN) and construction permit exemptions, to promote 

consistency and reduce confusion. The lists are repeated in Part C ofthe 

regulation, for convenience. The activities and sources listed in the APEN 

and construction permit exemption sections are considered to be 

insignificant activities, with two exceptions. The lower APEN emission 

de minimis levels are used instead ofthe higher construction permit de 

minimis levels for insignificant activity purposes. Since the permit de 

minimis levels apply to the facility, the Commission does not believe it is 

appropriate to use the permit levels. The APEN 5 MMBTU per hour 

boiler design rate is controlling, rather than the higher 10 MMBTU per 

hour permit boiler exemption. All boilers with design rates greater than 5 

MMBTU per hour must be addressed in the application and operating 

permit. 

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Exemptions based on emissions, size or production rate must still be listed 

in the permit. Enough information must be submitted in the application 

just to identifY the equipment as qualifYing for an exemption. An asterisk 

appears next to each activity listed in Part C which must be listed in the 

application. 

Applications do not have to list activities which are exempted based on 

category. 

Applications cannot omit information needed to determine the 

applicability of, or to impose any applicable requirements on a source. In 

addition. the exemptions cannot interfere with fee determinations. Since 

the mechanism used to assess fees is the APEN and not operating permits, 

this should not pose a problem for purposes ofinsignificant activities. 

The Commission has added APEN exemptions for research and 

development and laboratory activities. The exemptions apply to small 

research and development facilities, and to lab activities which the 

Commission has determined have a negligible impact on air quality in 

Colorado. Owners and operators ofresearch and development facilities 

which are subject to APEN reporting are expected to report emissions 

from samples received from clients for evaluation. but only to the extent 

the information is available. The Commission believes that facilities 

which accept material for evaluation should have some responsibility and 

knowledge regarding what is being accepted. 

Research and development facilities may continually change the types of 

projects under investigation, therefore the control efficiency of equipment 

may not always be known. The Commission has determined that research 

and development facilities may base APEN reporting thresholds on actual 

instead ofuncontrolled actual emissions. In addition, since owners and 

operators ofsuch facilities do not always know in advance what projects 

will be undertaken. the Commission has allowed such sources to report 

emissions after the fact, in annual APEN updates to the inventory. 

Research and development activities are prime candidates for the types of 

operational flexibility allowed in this regulation (see discussion below). 

The Commission encourages research and development activities to use 

the operational flexibility provisions. 

Some ofthe activities were described in the Statement ofBasis and 

Purpose for the Commission's May 1993 Regulation No.3 hearing. 

Parties to this hearing have asked for clarification regarding some ofthe 

provisions. 

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The emission levels for triggering APEN reporting requirements are based 

on uncontrolled actual emissions. The Commission recognizes that in 

some cases, "uncontrolled" emissions is not easily defined. For example, 

the uncontrolled emissions from a degreaser may be subject to 

interpretation. The emissions from this type of operation depend on how 

often it is used and how fast objects are cleaned in the unit. Uncontrolled 

emissions could possibly mean that a person is standing at the degreaser 

using the machine continually, and as rapidly as is humanly possible. The 

Commission recognizes that calculatwn of emissions for.this and similar 

operations involves some judgement, and will take into consideration 

reasonable assumptions used in detennining uncontrolled emissions. 

The exemption for land development (less than 25 acres in size and 6 

months in duration) applies to all land clearing activities, such as 

preparation of land for housing development, or preparation ofland for oil 

and gas activities to occur. 

As stated above, insignificant activity exemptions cannot be used ifit, 

would result in an applicable requirements being avoided. The EPA 

requires all applicable requirements to be addressed in operating pennits. 

Similarly, APEN and construction permit exemptions carmot be taken ifan 

applicable requirement would be avoided. The Commission has given 

certain sources an exemption from the applicable requirement provisions, 

for APEN and construction pennit purposes. For example, a source which 

is subject to Regulation No.7, but not to a specific source category 

requirement ofregulation No.7 (I.e. the source is subject only to a case by 

case RACT determination), may take the APEN exemption based on the I 

ton per year de minimis level. The Commission has determined that 

RACT for such small sources is usually no control. For construction 

permits, a source may take an exemption ifit is subject solely to a work 

practice standard ofRegulation No.7. For example, degreasers used in the 

ozone nonattainment area (metro-Denver) are subject to a specific section 

ofRegulation No.7. which requires covers and proper operation. 

Degreasers in the ponatWnment area are subject to a specific section of 

the regulation, therefore they must file APENs, however since the section 

only requires work practice standards, no pennit is required ifthe 

emissions are below the permit de minimis levels. It should be noted that 

since an applicable requirement exists, the degreaser and associated work 

practices must be addressed in the operating pennit. Degreasers in the rest 

ofthe State are exempt from APEN and pennit requirements ifthey are 

below the de minimis levels. Note that the EPA is required to set 

Maximum Achievable Control Technology (MACT) limits for degreasers 

in 1994. When the Commission adopts the MACT standards for 

degreasers, all degreasers subject to the MACT standard will be required 

to file APENs and obtain pennits. 

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4. 

5. 

6. 

Inapplicability Detenninations 

Operating pennits must list all applicable requirements and must state how 

continuous compliance with the requirements will be demonstrated. The 

source is provided with protection from enforcement as long as each 

pennit condition and compliance requirement is met (known as the pennit 

shield). The source may wish to obtaifl enforcement protection for 

regulations which do not apply. In such cases, the application must 

identifY which regulations do not apply to the source. These regulations 

will then be identified in the pennit, and the pennit shield will apply. 

This protects the source in the event that a mistake is made and the 

regulation really does apply to the source. The source is protected from 

enforcement action until the pennit can be reopened and the correct 

requirements inserted. 

Application Fonn and Checklist 

Operating pennit applications must contain a lot ofcomplex infonnation, 

including identification ofall applicable (and inapplicable, ifthe pennit 

shield is to apply) requirements. This can be a daunting task for the 

applicant. The Commission has directed the Division to develop 

checklists for use by the applicant. One checklist will identifY all data that 

must be included in an application. Another checklist will identifY all air 

regulations. The applicant can use the latter checklist to identifywhich 

regulations apply to their source, and which don't. 

The State must submit an application form to the EPA along with the 

operating permit regulations. The Commission has directed the Division 

to develop an application fonu. taking into account suggestions and 

comments from the public. 

SIP Equivalency 

The Commission has detennined that it is appropriate to allow sources to 

set forth procedures in their pennit that will show that a SIP limit is being 

met through methods that are equivalent to. but do not exactly follow. 

procedures set forth in the SIP. 

For example. suppose a source is required to meet a volatile organic 

(VOC) compound limit by using a coating that does not contain more than 

a certain amount ofVOC. The source could propose to meet the limit by 

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some other means than using such a coating. Their application would set 

forth quantifiable, replicable, accountable procedures that would show that 

they could still meet the limit even though they would not be using the 

required coatings. Such procedure could consist ofusing control 

equipment, or using a combination ofcomplying and noncomplying 

coatings for which the average emissions would meet the VOC limit. 

Monitoring, recordkeeping and reporting procedures would be set forth in 

the permit. The procedures must be sufficient to show continuous 

compJiance with the underlying applicable requirement. 

This procedure allows sources to show compliance through alternative 

methods without having to go through the Commission and the EPA for a 

case by case SIP revision. The EPA would review the process during its 

45 day review period. The public would have opportunity for comment 

and hearing. 

NOTE: This procedure overrides the requirement in Regulation No.7, 

which states that all such alternatives will undergo a case by case SIP 

revision. 

7. 112(r) (Accidental Release) Requirements 

Operating permits must address any requirements established under Title 

m(hazardous air pollutants) ofthe Federal Act, except that the accidental 

release plans required under section l12(r) do not have to be incorporated 

into the pennit. The permit must merely state that the source is required to 

submit a plan to the appropriate entity. The Commission can take 

enforcement action against a source for failure to submit a plan. 

Enforcement action cannot be taken for failure ofthe source to meet any of 

the requirements contained in the plan. 

8. Compliance Monitoring 

Operating permits must contain monitoring sufficient to demonstrate 

compliance with the applicable requirements. Methods and procedures 

may be set forth in the applicable requirements. Ifmethods and 

procedures in the applicable requirement are insufficient to demonstrate 

compliance, the operating permit must "fill the gap" by specifying 

appropriate methods. Compliance methods may be as simple as 

recordkeeping, or may require continuous monitoring equipment. The 

source must state in their application how they will demonstrate 

compliance. The Division reviews this proposal and agrees with it or 

recommends something else. The Common Provisions provides the 

Division with the authority to require monitors. The Division has used, 

and will continue to use, best engineering judgement to determine when 

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monitors are necessary and feasible. The Commission has determined that 

in some instances it may be appropriate to require continuous emission 

monitors, even in cases where the applicable requirement does not specify 

monitors, and that sufficient opportunity for discussion and appeal are 

available to the source, therefore monitors can be required even ifthe 

applicable requirement does not specifically require monitors. 

The EPA is in process ofdeveloping and promUlgating their enhanced 

monitoring rules. These rules may ~ak specifically to continuous 

monitoring. The Commission win take into account this new rule and 

determine ifthe operating permit monitoring requirements should be 

revisited once the EPA rule is promulgated. 

By January 1994, the EPA will publish a list ofexisting rules which do not 

contain sufficient monitoring or recordkeeping methods, and will develop 

criteria that could be used to detennine what is sufficient. After the rules 

are identified, the EPA wi)) proceed to revise the rules to make them 

sufficient. The need for "gap filling" will then decrease. 

9. Compliance Certifications 

Each operating permit application must be accompanied by a "compliance 

certification" indicating that all information presented is true and accurate. 

The certification must be signed by a "responsible official," usually a 

CEO, ofthe company. Likewise, compliance certifications must be 

submitted every six months, indicating the compliance status ofthe source. 

Such certifications must also be signed by the responsible official. The 

burden is on the source owner or operator to ensure that all permit 

conditions are addressed in the certification, and all information is 

complete and correct. 

The Commission's definition of"responsible official" allows delegation of 

responsible official authority to plant managers under certain conditions, 

including prior approval from the Division. 

1O. Recordkeeping and Reports 

The operating permit must contain all recordkeeping necessary to ensure 

compliance with the applicable requirements. The Federal Act requires 

such data to be maintained for five years. The Commission has 

determined that sources need not keep a full five years ofdata on site for 

inspection review. Instead, sources are required to make immediately 

available to the Commission or Division data for the past year, along with 

the compliance certifications for the past five years. The actual data for 

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the remaining four years must be provided to the Commission or Division 

within 48 hours ofrequest. 

Monitoring data must be reported at least every six months. 

The Commission will allow sources flexibility in determining what 

records are appropriate, and in determining the schedule for reporting, in 

order to allow coordination with other-reporting requirements (such as 

Community Right To Know, etc.). Such flexibility is allowed provided 

the requirements ofthe Clean Air Act are met. 

Malfunctions and emergencies - The Commission has adopted the Federal 

provisions for emergency and malfunction protection, except that sources 

are required to provide oral notice within two hours ofthe next working 

day, and written notice with one month after the emergency occurs. Past 

experience indicates that sources will most likely not be able to meet the 

EPA's recommended two day written notice. 

The Commission does not include continuous monitor malfunctions in the 

emergency provisions. The emergency provisions serve to provide an 

absolute defense ifan applicable requirement is violated. Since the 

Commission cannot teU if a source is in or out of compliance with an 

applicable requirement when monitors malfunction, it is not appropriate to 

include monitor malfunctions in the emergency provisions. Monitor 

malfunctions which would violate provisions which set specific operating 

conditions and specifications for the monitor, however, could be granted 

the emergency protection for those specific performance conditions, if 

such malfunctions were due to unforeseen circumstances and reported as 

set forth in the emergency provisions. The Commission has determined 

that extra protection for monitor malfunctions is not warranted, as 

procedures and specifications for monitors include performance 

requirements which take into account the inherent operational fluctuations 

and abilities ofthe monitors. 

Sources must report any exceedances ofstandards which are not due to 

malfunctions or emergencies "promptly." The Commission has 

determined that including such deviations in the six month monitoring 

report is sufficient. This will not impair the Division or Commission's 

authority to assess penalties regarding the deviation. 

Public Availability ofReports: Copies ofall reports and compliance 

certifications will be made available at the local health departments. As 

always, such information is available at the Division offices. 

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II. State-Only Conditions 

Certain Commission regulations are not part ofthe State Implementation 

Plan, and therefore are not federally enforceable. The Commission has 

given sources the option of including state only conditions in operating 

permits, or ofmaintaining such conditions in a separate construction 

permit. This option is available for all state-only conditions except those 

pertaining to major Colorado HAP sources. Major Colorado HAP 

sources are required by statute to obtain an operating permit. "State-only" 

conditions will be listed separately from federal conditions in operating 

permit. (Sources which are major for federal HAPs must obtain an 

operating permit, and provisions pertaining to the federal HAPs are 

federal. not state conditions.) 

Since the operating permit is meant to be used as an aU-encompassing 

document for sources and the Division. the source may want to refer to 

only one document to determine what needs to be done to remain in 

compliance. Ifthe conditions are included in an operating permit. the 

source may choose whether or not to have the permit shield, operational 

flexibility, and other operating permit allowances and requirements apply 

to the conditions. 

State-only conditions do not have to undergo the same procedural 

requirements as other operating permit conditions. Affected state and 

EPA review is not required. 

Currently. the following regulations are state-only requirements: odor 

Regulation No.2, municipal waste combustor Regulation No.6, Part B. 

Future Colorado MACT/GACT standards will be state-only requirements. 

12. Confidentiality 

Applicants are allowed to classify certain information as being confidential 

in terms ofproduct or processes. In no case may emission information be 

kept confidential, and in no case may compliance certifications be kept 

confidential. 

Records and reports may be kept confidential, however, instances where 

this will be allowed will most likely be rare, since emissions data or 

information related to emissions data may not be kept confidential. 

The current confidentiality provisions and procedures remain in effect, 

however the Commission has directed the Division to examine the 

provisions and procedures and to recommend improvements. 

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D. How Long Does It Take To Obtain the Permit? 

1. Completeness Review 

The Division has sixty days from receipt ofan application to determine if 

all information necessary to process the application are included. Ifthe 

application is incomplete, the Division must notify the source and request 

the additional information. Additional information must be submitted by 

the applicant within a reasonable amoont of time. Once a complete 

application is received, the Division must act on the application within 18 

months. The Division must analyze the application, prepare the permit, 

and ensure that all ofthe procedural steps as set out below are met. Once 

all requirements are met, the Division will send the source its fee letter, 

and will not issue the permit until all applicable processing fees are paid. 

The fee letter must be sent within 18 months ofreceipt ofa complete 

application. 

2. Public Notice and Hearing 

Once the Division analyzes the application and prepares a draft permit, the 

permit and application must undergo a thirty day public notice. Ifa 

hearing is requested during the public notice, thirty day notice ofthe 

hearing must be provided, and the hearing must occur within sixty days of 

the notice. 

The Commission has provided an opportunity for sources to respond to 

any public comments received. This source response in no way affects the 

Divisionts time constraints for issuing the permit, nor does it affect the I

permit which the Division ultimately issues. I 

3. Affected State Review 

During the public notice, a copy ofthe draft permit will also be sent to any t

• affected, nearby states, for their review. 

4. EPA Review 

Once public notice and hearing are completed, the Division will make any 

necessary revisions to the draft permit, and will submit a proposed permit 

to the EPA for their review. The EPA has 45 days to review the permit. I

The Division then has up to 90 days to make any necessary revisions to the 

permit to address EPA concerns, before the permit can be issued. 

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The applicant must provide a sufficient number ofcopies ofthe 

application for submittal to the EPA, affected states and public notice, 

including copies for County Commissioners. 

E. Renewals 

1. Renewal Application Content 

Operating permits must be renewed every five years. Renewal 

applications must undergo all ofthe review procedures (public notice, 

EPA review) as the initial operating permit. 

Applicants may incorporate by reference any previous application material 

or permits for portions ofthe operation which will not change from the 

initial application. The renewal application may only address operations 

which will change and which will require new permit terms or conditions. 

Copies of all material incorporated by reference must be included with the 

renewal application. All material must be provided for public comment, 

affected state review, and EPA review. 

2. Renewal Application Due Date 

The federal rule states that permitting authorities should be able to process 

"90%" ofrenewal applications within six months. The federal rule does 

not mandate that states process renewals within six months. The rule 

gives states flexibility to require applications for renewals, and specifically 

states that other times may be approved, which are necessary to issue the 

permit before it lapses. The application can be due as soon as 18 months 

before expiration, and as late as six months. Renewed permits must be 

issued before the old permit expires. 

As described above, the public comment, hearing notice, hearing, EPA 

review, and revision periods required in the Federal rule take up 220 days, 

or approximately seven and a halfmonths. The time allotted for these 

activities is fixed in the Acts and rules (except for the time allowed for 

States to revise draft permits, based on EPA review). The amount oftime 

for actual review ofthe application itselfvaries depending upon the type 

ofapplication. A breakdown ofthe allotted times follows: 

Public Notice: 30 days 

Hearing: 60 days 

EPA Review: 45 days 

Division Response: 90 days 

TOTAL 220 days 

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Two hundred and twenty (220) days is the minimwn required. No time is 

allotted for revising the permit between each step as necessary, nor for 

transmitting the permit from one step to the next. The 220 days is required 

for public notice and EPA review only, it does not include any time for the 

Division to actually review the application and draft a permit. 

Sources are allowed to seek judicial review if a permit is not issued in 

time. This could potentially result in""asted Division aria court resources 

dealing with an impossible situation. In addition, the EPA may determine 

that the program is not adequate ifthe Division continually fails to issue 

renewed permits before expiration. Finally, ifpermits are not issued in 

time, the EPA can, revoke and reissue permits, or can terminate the 

permits, in which case the source's right to operate ceases. 

Given that the notice and review procedures alone take 220 days, and the 

allowed flexibility, and the requirement that renewed permits be issued 

before expiration, the Commission has determined that it is not reasonable 

to allow renewal applications to be submitted as late as six months before 

expiration. Nine months may be adequate ifhearings are not requested for 

such renewals, however, no orie can predict how many applications will or 

will not require public hearing. It would not make sense to accept 

applications only six or nine months before expiration, knowing that if a 

hearing is requested, the new permit will not be issued before expiration. 

The twelve months will give the Division sufficient time to review the 

application, and in addition, will give the source some time to ensure that 

they have submitted a complete application before the permit expires. 

Sources are allowed to update their applications up to the time a draft 

permit is issued for public notice. This will allow sources a chance to 

address any last minute market considerations or changes in their 

application. 

The Division will send written notice ofthe need to apply for a permit 

renewal to permittees six months prior to the date a renewal application is 

due. This notice is to aid permittees, and the failure ofthe Division to 

provide notice to any individual permittee is not contended to be used as a 

defense for the failure to apply for a permit renewal 

As sources and the Division gain experience with the new operating 

permit program, the Commission and the Division will determine ifthe 

timeframe for renewals can be shortened. The first renewals will not be 

due until the year 2000. 

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F. Reopenings 

Operating permits must be "reopened" during the term ofthe permit ifnew 

regulations become applicable to the source, ifa mistake is found in the permit, or 

ifadditional measures need to be incorporated to ensure compliance with 

applicable requirements. A permit is reopened to address only the new 

requirement or correction, not to address the entire permit. The Division must 

give the source 30 days notice before reopening the permit. Reopenings must 

undergo all ofthe same procedures and requil'ements as the original permit 

(notice, EPA review, etc.). The Commission will allow sources the option to 

reopen an entire permit instead ofjust the necessary portion. This would require, 

however. that a source be able to submit a complete application for renewal within 

30 days of notice, so that the Division can meet the 18 month deadline. 

G. Modifications 

States must adopt expeditious procedures for processing changes that require a 

modification to a permit. 

1. Administrative Modifications 

Administrative modifications are *minor changes to the permit, such as 

change in owner, more stringent monitoring requirements, or correction of 

typographical errors. The change at the source can be made upon 

submittal, and the Division must revise the permit within 60 days. No 

public notice or EPA review is required. The original expiration date does 

not change when administrative modifications are made. 

2. Minor Modifications 

The existing construction permit program requires sources to obtain 

construction permits before they construct or modify. Revisions to 

construction permits are required before any changes at the source are 

made. In contrast, the Federal rule allows changes to be made without 

revisions to the operating permit, provided no SIP requirements are 

violated. Sources are allowed to make "minor modifications" upon notice 

to the Division. The source must supply a draft permit which is submitted 

for affected state and EPA review. The permit is revised within 90 days. 

No public notice is required at the time the modification is made. The 

Commission was faced with a dilemma. Since the construction permit 

program is a SIP requirement, sources would not be allowed to make 

minor modifications without first obtaining a construction permit. This in 

effect would negate the operational flexibility envisioned in the Federal 

Act. 

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Only certain modifications at the source may qualify as "minor 

modifications" for operating permit purposes. The change cannot be a 

"Title I" modification. Title I contains requirements applicable to new 

sources. Title I revisions include the following changes: 

1. 	 Modification which triggers Prevention of Significant 

Deterioration and New Source Review (significant net emission 

increase) 

The significant levels (defined in Part A ofthis regulation) are 

based on the potential to emit ofa source or modification. Since 

no construction permit is in place to limit the potential to emit ofa 

minor modification, all minor modifications will be triggered based 

on potential emissions, not actual emissions. 

2. 	 Modification which triggers New Source Perfonnance Standards 

(NSPS) (Any change which increases the amount of any air 

pollutant) - This definition only applies to specific NSPS sources, 

unless it is referenced in an applicable requirement 

3. 	 Modification which triggers Section 112 (hazardous pollutants)­

EPA will be adopting "de minimis"levels which will trigger a 

modification. 

Minor modifications cannot involve any significant change or relaxation in 

monitoring, recordkeeping, or reporting requirements. Minor 

modifications also cannot violate any permit condition which the source 

has voluntarily obtained in order to limit potential emissions for avoidance 

of requirements (such as PSD requirements). 

The EPA expressed their concern regarding the construction permit SIP 

requirements and minor modifications. The Commission has determined 

that it is appropriate to submit a SIP revision for the construction permit 

program, in order to allow sources the flexibility allowed under minor 

modifications. The Commission will allow minor modifications under the 

operating permit procedure, and changes before obtaining a pennit, 

however all substantial requirements needed for a construction permit 

must be met. These requirements include ambient modeling to assess the 

modification's impact on air quality in Colorado, as required in the SIP. 

As under the current construction permit program, minor modification 

procedures cannot be used to circumvent PSD or NSR requirements by 

making individual changes which together would otherwise trigger PSD or 

NSR. The enforcement protection ofthe permit shield does not apply to 

these modifications. Sources should be confident that all applicable 

requirements wil1 be met before SUbmitting a change as a minor 

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modification. Ifthe source errs in its determination, the Division, the 

Commission, and the EPA can take enforcement action against the source 

and the source's right to operate under the modification is terminated (the 

source must revert back to the permit as it existed before the modification 

was requested). 

Upon permit renewal, the minor modification undergoes public notice 

along with the rest ofthe pennit, and the permit shield can be extended to 

the minor modification provisions. 

3. Significant Modifications 

Significant modifications are changes at the source which are not 

administrative modifications, and which do not qualify as minor 

modifications. Such changes trigger PSD or NSPS, etc., or involve 

significant changes in or relaxation ofmonitoring, recordkeeping and 

reporting requirements. A revised permit must be obtained before the 

source is allowed to commence construction for the change. 

A source may choose to obtain a revision to its operating permit, or it may 

choose to obtain a construction permit before making the change. 

Significant modifications to operating permits must undergo a11 ofthe 

public notice and EPA review requirements, therefore a source should plan 

on submitting its application well in advance ofmaking the change. Ifa 

construction permit is obtained first, the source should apply at least three 

to four and a halfmonths in advance (except for PSD sources, which 

should plan 12 months in advance). Once the construction permit is 

obtained, the source may commence construction. The conditions ofthe 

construction permit do not need to be incorporated into the operating 

permit until renewal, unless more than three years remains in the term of 

the operating permit, in which case the operating permit must be reopened, 

and the significant modification provisions incorporated. 

Operational Flexibility 

The Federal rule requires a State's program to include operational flexibility 

provisions, which allow a source to make certain changes without having to 

obtain a modification to their operating pennit. The changes are simply 

incorporated into the operating permit when it is renewed. The types of 

operational flexibility are described briefly below. Subcommittee papers and fact 

sheets, which explain the provisions in more detail, and give specific examples, 

are available at the Division and Commission offices. The Commission has 

directed the Division to devise simplified explanations of all ofthe provisions. 

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"502(b)(1O)" Changes (named after a section ofthe Federal Act): A source is 

allowed to make a change which would violate an express permit term, provided 

no applicable requirements are violated. The source can make the change after a 

seven day advance notice to the Division. The permit shield does not apply. The 

Commission win allow sources to revert back to the original permit tenn, 

provided seven day notice is given to the Division. The permit shield can then 

apply again to the provision which is contained in the permit. 

Permit Caps: A source may ask for an uppertimit in total facility emissions. 

Changes may occur within the facility, as long as the upper limit is not exceeded, 

and all applicable requirements are met. The permit shield applies to these 

changes. Seven day notice is required before the change is made. This type of 

operational flexibility may be suitable for research and development facilities. 

Alternative Scenarios: The source can identify various operational scenarios in its 

application, along with the applicable requirements and compJiance 

demonstrations. The source can then switch from one scenario to another without 

notification to the Division. The pennit shield applies to these changes. 

Emission Trading Based on the Pennit: The applicant can request that the trading 

provisions (for netting out) provided for in Part A ofthis regulation be 

incorporated into their operating permit. As long as all ofthe provisions are met, 

the source can use the provisions to make changes without notification to the 

Division. 

OffPermit Changes: These changes can be made at the source with seven day 

notice to the Division. The changes involve activities that are not addressed in the 

operating permit. The same qualifications as those for minor modifications apply 

to these changes (cannot be Title I modifications, significant monitoring changes, 

etc.) Note that the same SIP concerns apply to these changes that are discussed 

above under minor modifications. A construction permit would be required 

before these changes could be made. The Commission has decided to submit a 

SIP revision to a])ow these changes. 

Emission trading based on the SIP: This is the only Federally allowed operational 

flexibility provision that the Commission did not adopt. This provision would 

allow sources to use the emission trading provisions ofPart A without specifically 

stating the procedures in the pennia. The Commission does not currently have an 

approved SIP that would allow this. therefore the EPA would not approve this 

procedure at this time. The EPA is expected to develop guidelines for approvable 

SIPs within two years. The Commission will consider this provision once it is 

apparent what the EPA would approve. 

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1. 
 General Permits 

General permits are standard permits that apply to specific source categories. The 

sources in the category have similar applicable requirements and similar 

monitoring, recordkeeping and reporting requirements. The general permit will 

include criteria by which a source may qualify for the pennit. Sources which are 

out ofcompliance may not qualify for a general permit, since a separate individual 

compliance plan would be required. The general permit undergoes one-time 

public notice and hearing and EPA review wilen it is initially developed. 

Qualifying sources can use standard, simplified applications and obtain the 

general permit without having to go through the entire application process (public 

notice and hearing) individually. A list of all sources which have been issued a 

general permit shall be maintained by the Division and made available upon 

request. 

The general permit (as originally developed) undergoes five year renewal, 

including public notice and EPA review. 

General permits will also be developed for the construction permit program, and 

will usually be identical to the general operating permit for that source category. 

Existing sources that have not obtained a general construction permit through the 

construction permit program (probably because a general permit did not exist at 

the time a construction permit was obtained) may operate under the general 

operating permit within 60 days ofsubmitting a complete application for the 

permit, which corresponds with the amount oftime allowed for a completeness 

determination. The application shield becomes effective upon submission ofa 

complete application. The Division will issue the general permit to the source 

upon completion ofthe analysis. The permit shield becomes effective upon 

issuance ofthe operating permit. 

Sources which receive a general construction permit through the construction 

permit program may operate under the general permit as an operating permit 60 

days after a complete operating permit application is submitted, provided the 

required compliance demonstration has been performed in the required time (180 

days). Such source must apply for the operating permit within 12 months of 

commencing operation. Once such application is received and determined to be 

complete, the Division will issue a certification which states that the construction 

permit now becomes the operating permit. 

General permits will ideally be useful for minor sources that will be subject to 

operating permits at a later date. Minor sources are more likely to be subject to 

similar applicable requirements. The Commission has directed the Division to 

devote resources as they become available to identification ofsources which 

would be suitable for general permits and to the development ofgeneral permits. 

Candidates for general operating permits include sources that become subject to 

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new MACT/GACT standards (i.e. dry cleaners), or existing and new NSPS 

sources (i.e. asphalt plants). 

The Commission will allow major sources to have general permits as part oftheir 

overall operating permit. As general permits are developed, major sources may 

use them. The source would just reference in their initial or renewal application 

that they have a general permit. General permits, however, cannot be issued to 

major sources ifthe issuance ofthe general permit would cause a violation of any 

ofthe applicable requirements in any other operating permits they have, or if 

issuance of a general permit would trigger a Title I or Title 111 modification. The 

Commission will allow general permits to be used for an entire major source only 

in those instances where the use ofgeneral permits is appropriate (homogenous, 

straight-forward sources). 

J. Title ill (Hazardous Air Pollutant Requirements) 

The provisions ofTitle III must be implemented through the operating permit 

program. As discussed above, all major sources ofHAPs must obtain an 

operating permit. As the Commission adopts MACT standards, the permit must 

be reopened to include the new requirements. 

As the EPA promulgates new MACT standards, they will decide ifminor sources 

as well as major sources affected by the standard must obtain operating permits. 

Once the EPA approves the State's operating permit program, the Division and 

Commission must begin making case by case MACT determinations for new 

major sources and modifications, ifthe EPA has not yet set a MACT standard for 

that category. The EPA will be setting emission levels at which modifications are 

triggered. 

Once the EPA approves the State's operating permit program, ifthe EPA fails to 

meet its mandated deadline for setting a particular MACT standard, the State must 

determine MACT for that source category within 18 months. Permits will be 

reopened to incorporate the State MACT standard. Once the EPA determines 

MACT for the category, permits may need to be reopened again, and sources may 

need to retrofit their units, depending upon the difference between the State and 

EPA MACT determinations. 

K. Title IV (Acid Rain Provisions) 

The Commission is required, and fully intends, to adopt the acid precipitation 

rules and requirements as promUlgated by the EPA, and to implement the 

requirements through the Title V permits, as also required under the Federal Act. 

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Title N sources (power plants) are required to submit the Title IV portion oftheir 

operating permits by January 1, 1996. The permits must be issued by December 

31, 1997. The EPA is planning on having all ofthe requirements and forms 

finalized so that Title N sources can apply for Title IV requirements at the same 

time they apply for their initial operating permit. 1bis could help avoid 

re-opening ofthe permit. To facilitate this, the Commission has determined that 

Title IV sources should be included in the last group of existing sources required 

to apply for operating permits (due one year after EPA approves the program, see 

discussion above). 

The Commission also intends to adopt provisions related to the WEPCO rule 

promulgated by the EPA, which deals with Clean Coal Technology Projects and 

other modifications at utilities. The rule is currently slated for the spring of 1994 

in the Commission's regulatory agenda. In the interim, the Commission and 

Division will continue the existing policy oftreating such projects as allowed by 

the EPA. Also, the Commission wishes to encourage Clean Coal Technology 

Projects, which are used to develop and identify better methods ofcontrolling and 

preventing air pollution. The Commission has directed the Division to consider 

research and development factors, and the importance ofdeveloping new 

technologies, ifenforcement action may be necessary due to violations related to 

such projects. 

TI. Construction Permit Program 

A. Synthetic Minors 

As discussed above, construction permits are the vehicle through which sources 

can obtain federally enforceable limits on their emissions in order to avoid the 

operating permit requirements. In some cases, sources may also choose to obtain 

limits to avoid PSD or NSR requirements. Such synthetic minor permits must 

undergo public notice in order to be federally enforceable. 

B. SIP Equivalency 

The Commission has determined that it is appropriate to allow construction 

permit sources to use the SIP equivalency procedure that is provided for operating 

permits in the Federal Act. Current regulations, such as Regulation No.7, require 

a case by case SIP revision for equivalent procedures, which involves public 

notice, a mandatory Commission hearing, and EPA approval. The new SIP 

equivalency provisions override Regulation No.7 provisions. All SIP 

equivalency proposals require public notice, opportunity for hearing (but not 

mandated ifnot requested), and EPA review. The Commission will require such 

construction permits to follow the PSD track, which requires public notice and an 

opportunity for public hearing. The EPA will review the proposal during the 

public comment period. 

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C. Minor Modifications and Operational Flexibility 

The Commission has extended most ofthe operational flexibility provisions 

directly to the construction permit program, since no modification to a permit is 

required. These provisions include Administrative Modifications, Alternative 

Scenarios, Emission Trading Based on the Permit, and Permit Caps. 

The remaining operational flexibility provisions, and the minor modification 

provisions are not available through the construction permit program, however 

sources may obtain these additional allowances by voluntarily applying for an 

operating permit. 

D. General Permits 

The Commission has determined that the general permit process will be allowed 

only for the operating permit program. The general application and permit forms, 

however, should be used for construction permits as they are developed. The 

Colorado Act requires new sources to obtain a construction permit before 

commencing construction, therefore the source must have their construction 

permit in hand before constructing. In addition, Regulation No.3 requires certain 

sources to undergo public notice before construction. The Commission believes 

that notice should continue to be provided to the public where appropriate, before 

a source constructs near them. 

As discussed above under general operating permits, the Division will identify 

candidates for general construction permits as resources are available. The same 

sources identified in the discussion above are candidates for general construction 

permits. In addition, general permits may be suitable for sources wishing to 

obtain synthetic minor status, such as emergency and backup generators. 

m. Emission Fees 

Though it was not noticed for this hearing, some parties indicated they had concerns 

regarding the Division's policies for charging annual emission fees. A request was made 

to include the Division's policy in the regulation. The Commission believes the Division 

should be given the flexibility to determine the most efficient and reasonable procedures 

and policies for assessing fees, therefore the policy will not be included in the regulation. 

The Division will prepare a written policy for public distribution on the methods it will 

use to calculate and collect emission fees. 

IV. Where Can a Source Go For Assistance In Understanding the New Requirements? 

A. Small Business Assistance Program 

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Even though existing minor sources (small businesses) are exempt from the J

operating permit program, small businesses will need help understanding the 

construction permit program requirements. In addition small businesses need to 

understand the operational flexibility requirements, and need to understand if it 

would be advantageous for them to apply for an operating permit. The EPA may 

decide that some minor sources should be required to apply for operating permits 

as new MACT and NSPS standards are promulgated. 

Last September, the Commission approved aj)lan for developing a Small 

Business Assistance Program. The program is under development and is expected 

to be implemented and fully operational by November of 1994. In the interim, 

Division staff is available to answer any questions which a small business may 

have regarding air quality regulations and requirements. 

Some information has already been developed regarding APEN requirements and 

simplified calculation procedures. 

B. Pre-application Meetings 

This regulation provides opportunity for any source to request a preapplication 

meeting with the Division, to discuss what requirements may be applicable to a 

source. 

C. Division Staff 

Division staffwiJl remain available to all sources and the pUblic, to answer 

questions regarding the operating permit and construction permit programs. 

IG. Adopted March 17,1994 

Statement ofBasis, Specific Statutory Authority and Purpose 


Revisions to Regulation No.3 


Part A, Section lIE 


Pursuant to Section 112(n) ofthe federal Clean Air Act, the US Environmental Protection 

Agency (EPA) is required to conduct an extensive study to create a reliable estimate ofthe 

existence or quantity ofhazardous air pollutants (HAPS) emissions from certain sources such as 

utility and non-utility industrial boilers. Another study under Section 112(n) relates to emissions 

from publicly owned treatment works (POTWs). Section 112(n) recognizes that technological 

limitations exist on the ability to reliably estimate these emissions. The required studies are 

complex and costly, and EPA has indicated that the utility and non-utility boiler study will not be 

concluded until the end of 1995. The original time frame contemplated by Congress anticipated 

that the study would be completed by November 15, 1993. Unlike the mandatory boiler study, 

the Clean Air Act merely authorized EPA to study POTW emissions and EPA has decided not to 

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continue with the study. Thus, the emissions infonnation which was originally expected will not 

be developed in time to facilitate APEN reporting by December 1994. Since the emissions from 

facilities which treat municipal-type wastewater are virtually identical to those from POTW s, the 

Jack ofPOTW emissions data also affects this category ofsources as well. 

During ruJemaking in 1993, a deferral for HAP reporting from boilers and other listed sources 

was granted until six months from the date federal studies are complete or until December 31, 

1994. This deferral appears in Part A, Section II.E. 

This was based in large part on the recognition that it would be unreasonable and infeasible to 

expect these sources to attempt to duplicate the EPA studies and to provide meaningful data 

earlier than EPA. The postponement was not intended to forgo reporting obligations (it applied 

to emissions points and processes only, not to entire facilities), but rather, to recognize technical 

limitations and to await (not duplicate) the results ofthe EPA studies. The Statement ofBasis, 

Specific Statutory Authority and Purpose for the 1993 rulemaking session explained, "Due to 

ongoing studies aimed at quantifying their emissions ofnon-criteria pollutants, the Commission 

has deferred APEN reporting requirements for five source categories until six (6) months after 

the studies have been completed or December 31, 1994. whichever is earlier." 

It is now apparent that neither the EPA boiler study nor the POTW study will be timely 

completed for effective implementation of' II.E. The clear intent ofthe regulation is to postpone 

report ofHAP emissions by sources such as utility and non-utility industrial boilers. POTWs and 

municipal-type wastewater treatment works, pending the results ofthe ongoing EPA studies. 

The rationale for this intention is that it is technologically infeasible for these sources to comply 

with this reporting requirement without the results i 

and utilization ofthe EPA studies. The original intent and rationale for a postponement continue 

to pertain at this time and provide the basis for this rulemaking. I 

Additionally. highly costly tests would be required ifreporting is required prior to the results of 

the EPA studies. There is a serious question about the accuracy ofany reporting prior to the 

conclusions ofthe EPA studies. Moreover, ifsources attempt to formulate tests, inconsistencies 

with testing procedures, resulting data and interpretation thereof would result, thereby further i 

complicating issues for impacted sources and administration by the state. It is believed that using 

the EPA studies results win allow avoidance ofsuch costs and result in more accurate APENS 

which. in turn, will facilitate easier administration by the state. 

During the Commission's prior deliberations on this matter, the Commission expressed an intent 

to revisit this December 31, 1994 deadline ifthe EPA studies would not be timely completed. 

Impacted sources must be placed on notice as early as possible concerning any deadline because 

lead time to conduct studies and extensive planning would be necessary. This rulemaking 

postpones to December 31, 1995. or six (6) months after the EPA studies are complete, 

whichever is earlier, for utility and non·utility industrial boilers. and POTWs and municipal-type 

wastewater treatment plants. This decision furthers the Commission's original intent concerning 

the underlying reporting. This issue may be revisited in the future ifthe infonnation expected to 

be derived from the EPA studies continue to be delayed. 

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The specific authority for this regulation is contained in the Colorado Air Pollution Prevention ..~ and Control Act, 1992 as amended. The Legislative Declaration, • 25-7-102, recognizes that an 

accurate emission inventory is needed to adequately manage air resources in Colorado. Section 

25-7-109.3 provides authority for regulating HAPs. Section 25-7-114.1 provides authority for 

requiring APENS, and for allowing exemptions from the requirements. Section 25-7-109(4) 

requires the Commission to promulgate regulations pertaining to HAPs. 

lH. Adopted May 19, 1994 

Findings Regarding the Basis for the .J!mergency Rule 

Revisions to Regulation No.3, 

Concerning the Operating Permit Program 

The Air Quality Control Commission held this emergency rulemaking hearing on May 19, 1994, 

after such notice ofrulemaking as practical, to postpone the November IS, 1994 deadline for 

submission ofoperating permit applications by those existing major stationary sources previously 

notified by the Division to submit applications by that deadline. The revisions to Regulation No. 

3 would phase-in the required submission ofoperating permit applications by these sources over 

a three month period beginning January I, 1995. The Commission finds that the immediate 

adoption ofthis emergency regulation is imperatively necessary for the preservation ofthe public 

welfare and to ensure compliance with the federal law, and that compliance wit normal notice 

requirements for rulemaking would be contrary to the public interest. 

1his emergency regulation is necessary for three reasons. First, the Environmental Protection 

Agency (EPA) has issued a formal letter to the State ofColorado advising the State that its Title 

V operating permit program submission, contained in the Commission's Regulation No.3, must 

be revised in order to obtain federal approval ofthe State operating permit program in 

accordance with the mandates ofthe federal Clean Air Act. The earliest date by which the 

Commission is able, pursuant to law, to promulgate such revisions and make them effective is 

September 30, 1994. Sources that are subject to the operating permit application deadline of 

November IS, 1994 will not have sufficient time to complete their applications and submit them 

by that time after the promulgation ofthe revisions. 

Secondly, and more importantly, it was not until the 1994 Colorado legislative session that the 

legislature appropriated money for the necessary FrE's at the Division to process operating 

permit applications and to implement the program. The money will not be available for the 

Division's use until July 1994, and given the shortcomings ofthe State personnel system, the new 

Division employees will not. in all likelihood. begin their employment until on or around 

November 1. 1994. Ifthe Commission did not act on an emergency basis to postpone the 

application deadline ofNovember 15, 1994, persons subject to the application deadline will be 

required to apply to the Division prior to its ability to fully train the new employees or to provide 

sources any services necessary under the mandates ofthe federal Clean Air Act. 1his imposes an 

unnecessary burden on sources, as well as the Division. 

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Finally, the federal Clean Air Act requires that the State have sufficient money to cover the direct 

and indirect costs ofimplementing the Title V program. These costs include those necessary for 

the Division to review permit applications and issue permits within certain established 

timeframes, as well as to perfonn inspections and other compliance monitoring actions. The 

EPA has indicated to the State, in a letter dated April 8, 1994, that ifthe State does not have 

sufficient money to cover these costs, the EPA cannot grant any type ofapproval, including 

interim program approval. In this event, EPA must take over the Title V program in Colorado, 

and has threatened to impose sanctions on the State. Therefore, the Commission must act on an 

emergency basis to postpone the operating pennit application deadline in order-to give sources 

sufficient advance notice ofthe changed deadline and in order to ensure that the Division will be 

able to review and process those applications within the timeframes set forth in the federal Clean 

Air act. 

In light ofthe evidence presented at the emergency hearing on the difficulty and cost to sources 

ofcompleting operating permit applications, given the short timeframe between the 

Commission's ability to revise and make effective changes to Regulation No.3 required by the 

EPA and the current deadline; on the difficulty and cost ofevaluating operating permit 

applications filed with the Division and ofthe Division's inability to perfonn services required by 

the current Regulation No.3 and deadline ofNovember 15, 1994; and on the EPA's letter 

evidencing its concern that the Division will not be sufficiently financed to perfonn those 

federally-mandated services, the Commission finds that an emergency exists which warrants the 

passage ofthis emergency regulation. The Commission does not believe that this emergency 

regulation represents any risk to public health. 

1.1. Adopted August 18, 1994 

Statement ofBasis, Specific Statutory Authority, and Purpose 

Revisions to Regulation No.3 

This Statement ofBasis, Specific Statutory Authority, and Purpose complies with the requirements 

ofthe Administrative Procedures Act, Section 24-4-103(4), C.R.S. (1994) for adopted or modified 

regulations. 

Basis 

The 1990 Amendments to the Federal Clean AirAct require states to implement an operating permit 

program. Failure ofa state to implement the operating permit program wilJ result in EPA sanctions. 

On July IS, 1993, the Air Quality Control Commission adopted revisions to Regulation No.3 

necessary to implement the State's operating pennit program. The Commission also adopted 

revisions to Regulation No.3 that were necessary to integrate the operating permit program with 

the existing construction permit program, and that were necessary to extend certain provisions of 

the operating permit program to minor sources not otherwise subject to the program. 

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On November 5, 1993, the Governor submitted Colorado's operating permit program to the 

Region VIII, Environmental Protection Agency (EPA) for its approval. The EPA reviewed 

Colorado's submittal and on April 8, 1994 responded to the State's submittal, noting certain 

deficiencies in the program. These deficiencies must be corrected and the revisions submitted to 

the EPA no later than October 1, 1994. The Commission promulgated these revisions to 

Regulation No.3 in response to EPA's comments. EPA also noted certain legislative changes that 

are required in order for the State ofColorado to obtain full approval of its operating permit 

program. Therefore, at this time, the Commission contemplates that the State will receive 

interim approval ofthe operating permit program; within 18 months after receiving the interim 

approval from EPA, the State must submit legislation that will satisfy all ofthe· federal 

requirements. 

The EPA in its April 8 letter required the Commission to revise in certain respects the Statement 

ofBasis, Specific Statutory Authority, and Purpose for Revisions to Regulation No.3 that was 

dated July 15, 1993 and which was submitted to the EPA on November 5, 1993. The required 

revisions are reflected in this Statement ofBasis, dated August 18, 1994. 

Specific Authority 

The specific authority for this regulation and its revisions is contained in the Colorado Air 

Quality Control Act, 25-7-101, et~. (1989 & 1994 Supp.). Section 25-7- 105(l)(A)(l) requires 

the Commission to adopt into the State hnplementation Plan all requirements ofthe federal act. 

Sections 25-7-105(12) provides authority to implement the operating permit provisions ofTitle V 

ofthe federal act. Section 25-7-105.1 sets forth the federal enforceability provisions. Section 

25-7-106(6) provides authority for monitoring, recordkeeping and reporting requirements. 

Section 25-7-114.1 provides authority for APEN requirements and for allowing exemptions from 

the requirements. Section 25-7-114.2 through 114.5 set forth construction and operating permit 

requirements, and application and public participation requirements. Commission action in 

promUlgating these revisions is taken pursuant to Sections 25-7-105 to 109 and 25-7-114. 

Statement ofBasis and Pmposes ofChanges to Regulation 

1. 	 In Part A, IB.9.e., the definition of "applicable requirement" concerning enhanced 

monitoring was changed to comply with the federal definition, incorporating all 

monitoring and enhanced monitoring requirements established pursuant to 

sections 504(b) and 114(a)(3) of the federal act. 

2. 	 In Part A, 1B.22., the definition of "federally enforceable" was amended to mirror 

the definition found in section 25-7-105.1 ofthe Colorado Air Pollution 

Prevention and Control Act. 

3. 	 In Part A, I.B.35.D.e., the Commission exempted any modifications that are not 

"major modifications" from the definition ofTitle I modifications, for sources 

with operating permits that utilize the minor permit modification procedures set 

forth in Part C, Section X.A. This is because EPA cannot allow the minor permit 

modification procedures to be used for Title I modifications; therefore, for the 

minor permit modification procedures to have any use at all, this change was 

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necessary. All modifications must still comply with the requirements of40 CFR 

Part 51.165, as reflected in Regulation No.3, Part B, IV.D.l.a.-h. In effect, this 

change merely allows an operating permit source to modify without going through 

the procedural requirements of obtaining a construction permit, but still requires 

the source to meet all substantive requirements. 

4. 	 Part C, X.A.5., XIIA.I and Xll.B. were revised to reflect the change described in 

paragraph no. 3 above. 

5. 	 Part A, I.B.62, a definition of "state-only conllition" was added. -"This term is used 

throughout Regulation No.3. 

6. 	 In Part A, Section n.D.l.aaa. (APEN exemptions), and in Part C, Section 

D.E.3.aaa. (insignificant activities for operating permits), the Commission 

exempted storage oflubricating oils from notice and permit requirements. 

Because new source performance standards apply to storage tanks ofcapacity > 

40,000 gallons, the Commission revised these provisions to ensure that the 

exemptions would not allow a source to avoid new source performance standards. 

7. 	 In Part A, D.D.5., the Commission established an administrative procedure 

whereby the Division could process and grant requests for exemptions from 

permit and APEN requirements. However, this amounted to a SIP revision 

without allowing EPA the opportunity to review and approve the revisions. 

Therefore, the Commission amended this procedure to require that the 

Commission adopt the exemptions pursuant to rulemaking, on an annual basis, 

and submit the revisions to EPA prior to a source being able to take the 

exemptions. 

8. 	 Part A, IV.B. contains operational flexibility provisions concerning "trading based 

on the permit." The federal rule allows a source to take advantage ofany 

EPA-approved emissions trading program, without the need for a SIP revision. At 

this time, Colorado does not have an EPA-approved generic emissions trading 

program. To obtain EPA approval ofthe State's operating permit program, the 

Commission amended this provision to clarify that the trading based on the permit 

may be utilized only ifthe SIP contains an EPA approved trading program. 

9. 	 At Part B, m.A.6., the Commission clarified that the provisions ofN.D. l.a.-h. 

must be met in order for the source to utilize the minor permit modification 

procedures. Previously, the Commission had merely cross-referenced section 

N.D.L, which contained time periods for review which conflicted with the minor 

permit modification procedures. 

10. 	 At Part B, IV.D.lj. and in Part C, V.C.I.c., the Commission had provided authority 

for a source to use an alternative emissions limitation that is as stringent as an 

applicable requirement so long as the permit contained provisions to ensure that 

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J 


the limitation is quantifiable, accountable, enforceable and based on replicable 

procedures. The preamble to the operating pennit rule, 40 CFR part ?O makes 

clear that it is the SIP, not the permit that must contain these replicable procedures. 

Therefore, in Part C, the Commission amended V.C.Lc. to clarify that the 

alternative emissions limitation may be taken only ifit is allowed by the SIP; then 

in Part B, IV.D.l.i., the Commission removed the alternative emissions limitation 

language because the SIP must itself contain the replicable procedures. EPA is 

expected to have guidance in the near future on alternative emissions limitation. 

II. 	 In Part C, m.B.?, the Commission clarified that a source applying for a combined 

construction/operating permit must first obtain the pennit prior to conunencing 

construction. 

12. 	 In Part C, m.C.12., the Commission clarified that ambient air quality standard 

considerations in issuing permits apply only to temporary sources (pursuant to the 

federal law), and to new and modified sources applying for a combined 

construction/operating permit (pursuant to state and federal law). Although this 

was always the case, the provision previously could have been read to allow 

consideration ofthese standards in issuing operating permits. 

13. 	 In Part C, V.B.3. & 5., the Commission allowed minor sources to voluntarily opt 

into the operating permit program in order to gain the operational flexibility of 

operating permits. These minor sources, however, could avoid the public 

participation, EPA and affected state review provisions. The EPA was concerned 

that synthetic minor sources would be able to opt into the program, and in SO doing 

would lose their federally enforceable limitation (imposed by the construction 

permit which would be lost), without going through the required public 

participation and EPA and affected state review. The Conunission revised these 

provisions to clarify that synthetic minors opting into the program must go through 

all the necessary reviews. In addition, major sources ofColorado-only HAPs need 

not go through the public review process attendant to operating permits. The EPA 

was concerned that the provision could be read to allow federal HAP major sources 

to avoid public participation and review. The Commission clarified these 

provisions to ensure that such was not the case. 

14. 	 In Part C.mB., the Conunission revised the schedule for submission ofoperating 

permit applications by the remaining two-thirds ofsources in order to reflect the 

anticipated interim approval date ofthe operating permit program ofJanuary 1, 

1995. This revision would also allow the Division to notify some sources ofthe 

need to submit an application before January 1, 1996, but on or after November 15, 

1995, upon twelve months' notice. 

Changes to the Statement ofBasis and Purpose dated July 15, 1993 

I.C.2. "Regulated HAPS" 

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Revise this paragraph to read: 

Note that a HAP must be subject to a standard before the applicant is required to address it in the 

permit application. Once the EPA adopts a MACT standard for a particular HAP. all sources. 

even those not subject to the particular MACT standard, and even those not in the source 

category, must address that HAP in applications. In cases where the Commission or Division 

determines MACT on a case-by-case basis because the EPA has not timely promulgated a 

MACT standard for a source category or subcategory ofsources. the MACT becomes applicable 

to all sources within that source category, pursuant to 1 1 20) ofthe federal act., In cases where 

the Commission or Division determines MACT on a case-by-case basis for an existing source 

that modifies prior to promulgation of an applicable MACT standard, the HAP becomes 

regulated only for a particular source subject to the case-by-case standard, pursuant to 112(g) of 

the federal act. Once the EPA promulgates the list of 112(r) (accidental release) pollutants, those 

pollutants wi11 be considered to be "regulated" for all sources. 

I.G.2. Minor Modifications 

Revise the second paragraph under this heading to read: 

Only certain modifications at the source may qualify as "minor modifications" for operating 

permit purposes. The change cannot constitute a "major modification" as that term is defined in 

Part A, Section ll.B.35.B. The change cannot otherwise be a "Title I" modification. Other Title I 

requirements are applicable to new sources. These Title revisions include the following changes: 

(same). 

I.H. Operational Flexibility 

Emission Trading Based on the Permit: Revise this paragraph to read: The federal rule 

allows a source to change its operations, using the emissions trading provisions ofan 

EPA-approved SIP to net out and avoid the need to revise its permit. At this time, the 

emissions trading provisions ofPart A, Section V, have not been approved by EPA as 

generic trading provisions. Therefore, until the Colorado SIP contains a generic 

emissions trading policy approved by EPA, each emissions trade request will require a 

case-by-case SIP revision. EPA is intending to provide guidance for an emissions trading 

program in the near future. 

I.J. Adopted March 16, 1995 

Statement ofBasis, Specific Statutory Authority and Purpose 


Revisions to Regulation No.3 


Construction Permit Program 


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Background 

At the request ofthe U.S. Environmental Protection Agency, Region 8, the Air Quality Control 

Commission adopted amendments to Regulation No.3, parts A and B, in order to clarify how the 

provisions relate to each and the federal regulations. These changes were necessary in order to 

gain federal approval ofthe State Implementation Plan. 

Specific Statutory Authority 

The Specific authority for this regulation is found in the Colorado Air Quality Control Act. 

Section 25-7-105(1) provides that the commission shall promulgate such rules and regulations as 

are consistent with the legislative declaration and necessary for the proper implementation and 

administration ofthe Colorado Pollution Prevention and Control Act, including a comprehensive 

state implementation plan which shall meet all requirements ofthe federal act and shall be 

revised whenever necessary or appropriate. Section 25-7-109 provides that the Commission shall 

adopt, promulgate and from time to time modify or repeal emission control regulations that 

require the use of effective practical air pollution controls. Section 24-4-103 provides the rule 

making procedure followed during the promulgation ofthis rule. Section 25-7-110 provides the 

specific commission procedures followed during the setting ofstandards and regulations. 

Commission action in promulgating these regulations is taken pursuant to the above statutory 

provisions. 

Pmpose 

Most ofthe amendments to Regulation No.3, parts A and B are ofa general housekeeping 

nature. However, three provisions require greater explanation: 

The Division originally proposed adding a definition of"construction" consistent with the federal 

definition for New Source Review and Prevention ofSignificant Deterioration. To eliminate the 

potential for confusion and conflict with the state statutory definition, the Division has removed 

that provision from the amendments. There is a definition for construction, which applies to 

Regulation No.3, parts A and B, in the General Provisions Regulations; that definition matches 

the state statutory definition. 

The changes to the definition of''Net Emissions Increase" in part A, section I.B.37 need some 

explanation. In order for an increase or decrease to be creditable, the Division could not have 

relied on the increase or decrease in issuing a permit under Regulation No.3. Also, the source 

has two choices for proving the extent ofthe emissions increase or decrease: (I) the source 

submits or has on file an APEN indicating the baseline emissions rate and then submits a revised 

APEN within one year after making the increase or decrease (the difference between the two 

APENs is the amount of creditable increase or decrease) or (2) the source provides credible, 

demonstrable evidence to the Division of actual emission rates both before and after making the 

increase or decrease (the source can make the before and after demonstration any time during the 

contemporaneous period). 

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The general construction permit provisions ofpart B, section IV.J. were amended to provide 

greater detail ofhow the Division would actually implement the provisions. The Division retains 

the discretion to determine whether it will issue a general construction permit, although a source 

or group ofsources can request that the Division do so. These provisions are meant only for 

minor sources, including sources wishing to obtain federally enforceable limits on their potential 

to emit, making them synthetic minors. The contents of a general construction permit will vary 

depending on the type ofsource involved. The Division will state in the general construction 

permit that goes out for public notice all the criteria a source must meet in order to qualify for 

coverage under the permit, the method of application (including specific application forms if 

different from a standard construction permit), the deadline for application, and-other 

requirements as necessary and specified in the permit (i.e. monitoring, reporting, and 

recordkeeping requirements). After receiving an application to be covered by a general 

construction permit, the Division will determine whether the source fits within the intended 

coverage ofthe general construction permit, meets all applicable requirements, and satisfies all 

the criteria as laid out in the general construction permit. Ifthe Division grants a source the right 

to construct and operate under a general construction permit, there are still some situations under 

which the Division may require the source to obtain an individual construction permit (Le., the 

source makes changes that bring it out ofcompliance with the general construction permit or 

circumstances change such that the source is no longer appropriately controlled under the general 

construction permit). 

Overall, the amendments to Regulation No.3, parts A and B are meant to integrate with the 

existing rules and meet the federal requirements for the State hnplementation Plan. 

I.K. Adopted May 18, 1995 

Statement ofBasis, Specific Statutory Authority, and Purpose 


Revisions to Regulation Nos. 8 and 3 


Synthetic Minor Permit Program 


This Statement ofBasis, Specific Statutory Authority, and Purpose complies with the 

requirements ofthe Administrative Procedures Act, Section 24-4-1 03(4), C.R.S. (1994) for 

adopted or modified regulations. 

Background 

At the request ofthe Division, the regulated community and the state legislature (HB94-1264), 

the Air Quality Control Commission adopted rules that would allow the Division to issue permits 

to limit a source's potential to emit hazardous air pollutants (HAP). Such a mechanism is 

necessary and important because it enables the Division to issue a permit to a source ofHAP in 

order to limit the source's potential to emit below emission thresholds requested by the applicant, 

thus allowing the source to avoid a variety ofrequirements such as Title V operating permit 

requirements, Title mmaximum achievable control technology (MACT) requirements 

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,J promulgated by the U.S. Envirorunental Protection Agency (EPA). or Colorado MACT 

requirements. 

Specific Statutory Authority 

The specific authority for these revisions is contained in the Colorado Air Quality Control Act, 

25-7-101, et~. (1989 & 1994 Supp.). Section 25-7-109.3(2) provides the specific authority for 

the Commission to adopt provisions allowing the Division to create synthetic minor sources of 

hazardous air pollutants. Section 25-7-109 provides that the commission shaU- adopt emission 

control regulations requiring the use ofeffective practical air pollution controls. Section 25-7­

109.3(2) provides that in order to minimize additional regulatory and compliance costs to the 

state's economy. any program created by the commission shall contain a provision which 

exempts those sources or categories ofsources which it determines to be ofminor significance 

from the requirements ofthe program. Section 24-4-103 provides the rule making procedure 

followed during the promulgation ofthis rule. Section 25-7-110 provides the specific 

commission procedures followed during the setting ofstandards and regulations. Commission 

action in promUlgating these regulations is taken pursuant to the above statutory provisions. 

Purpose 

The rulemaking includes the permanent addition ofRegulation No.8, part E, section IV and 

amendments to Regulation No.3, part B. Following is a description ofthe purpose ofeach 

section within Regulation No.8, part E, section IV: 

Section A ofthe rule clarifies that Regulation No.8, part E, section IV applies to sources who 

choose to voluntarily limit their potential to emit HAP. This section clarifies that although the 

Division shall issue permits to qualified applicants, the Division will not include in the permit 

any indication ofthe source's exemption status for other requirements (i.e. Title V or Title mof 

the federal Act) unless the source asks the Division to include all relevant emissions units and 

pollutants in the permit review. Under this regulation, the applicant chooses which emission 

units to cover in the particular permit: that can be all HAP emission points, some or one HAP 

emission points, all criteria pollutant emission points, and/or some or one criteria pollutant 

emission points. Unless there is a need for a state-only or federally enforceable permit condition, 

the Division will not impose any additional applicable requirements on criteria pollutants or 

HAPs for the emission unit or a number ofemission units. Ifthe permit applicant wants a 

thorough review ofthe facility and a determination by the Division that the facility qualifies as a 

synthetic minor from Title V and/or Title III, or other specific provisions ofthe state or federal 

Act, then the applicant can choose to have a comprehensive Division review in the permit. 

Sources choose in the permit application the threshold level below which they want to limit the 

potential to emit hazardous or criteria pollutants. Sources may want to bring their emissions 

below Title V major source thresholds or may want to limit their emissions below affected source 

thresholds under specific MACT standards or enhanced monitoring thresholds when those rules 

are eventually enacted. When a source applies for a permit under Regulation No.8, the Division 

uses the procedural provisions ofRegulation No.3 to issue the permit. Finally, this section 

clarifies that receiving a permit under this regulation will not relieve a source from possible 

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future EPA requirements that apply to minor or area sources ofHAP or state conditions; 

however, such sources may request a permit to further limit the potential to emit HAP below the 

trigger threshold. 

Section B describes the elements ofa permit issued under this regulation. The permit needs to 

include practically enforceable permit conditions. The Division makes the final determination on 

what those conditions are on a case-by-case basis for each permit The monitoring, 

recordkeeping, and reporting requirements will depend on the specific source, for instance, 

practical enforceability may require calculating mass balanc~ installing a continuous emission 

monitor, keeping track ofconsumption rates for various materials, etc. However, the permit 

conditions to limit a source's potential to emit shall be only as stringent as necessary to limit the 

source's potential to emit the pollutant ofconcern. For instance, the Division cannot require a 

source to add control equipment to reduce emissions significantly ifthe source can adequately 

reduce emissions without that control equipment. The applicant may consolidate reporting or 

monitoring requirements from this regulation and Regulation No.3 for the emissions unit. 

Finally, ifrequested by the applicant, the permit may include altemative operating scenarios, 

approved by the Division. Such alternative operating scenarios shall include specific monitoring, 

recordkeeping, and reporting methods as needed. However, section IV.BA for alternative 

operating scenarios is not intended to include modifications that trigger new source review unless 

such sources go through all the specific requirements ofthe construction permit program for 

modifications under new source review. 

Section C tells the source what information to tum in to the Division, increasing the efficiency of 

communications between the source and the Division and streamlining the application process. 

The application forms will reflect the intent for the Division to be flexible in its approach to 

permitting these sources. Although the Division would prefer a consistent approach (i.e., all 

applications filled out fully), the Division recognizes that often these sources will have unique 

circumstances that cannot be adequately addressed in a standard application form. The Division 

further intends that the application forms be flexible enough so that sources can choose to have 

the Division calculate emissions and determine the permit conditions for them. 

Section D, the public participation requirements, are a requirement ofEPA. This section makes 

mandatory what was previously discretionary for the Division. 

Section E clarifies that the Division can combine the requirements from this Regulation with 

those for limiting the potential to emit criteria pollutants under Regulation No.3 into a single 

permit so that it is easier for both the Division and the source to keep track ofthe overall permit 

requirements. Also, this section IV ofRegulation No.8 is not intended to restrict the ability ofa 

source to apply for and the Division to issue a construction permit under Regulation No.3 with 

limits on the potential to emit criteria or hazardous air pollutants. 

Section F explains to the source that ifa physical or operational change triggers another 

requirement, the permit issued under this section will not relieve the source ofthe obligation to 

comply with that requirement. 

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CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
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Section G infonns the source that is must comply with the pennit conditions at all times, i.e. on 

an ongoing basis. 

Section H serves as an interim mechanism for gaining federal enforceability ofthe pennit and is 

based on EPA guidance on potential to emit; this section does not apply once EPA has approved 

these rules for limiting the potential to emit HAP. In order for a pennit to be federally 

enforceable, EPA must receive a certification ofcompliance from the source indicating the 

source will comply with the permit tenns. The source should send a copy ofthe initial permit 

approval with the certification ofcompliance to EPA and a copy ofthe certification to the 

Division (to keep in the permit file). The responsible official: defined in Regulation No.3, needs 

to sign the certification. 

The revisions to Regulation No.3 are necessary to implement the provisions ofRegulation No.8, 

part E, section N through the construction permit program. Note that the operating permit 

program already has the necessary provisions to integrate Regulation No.8, part E, section N. 

The amendment to section DLAA is not intended to extend any new rights to the applicant in the 

event the applicant declines permit conditions set by the Division, this amendment just makes 

explicit that the pennit is strictly voluntary and that a dissatisfied applicant has nonnal rights of 

appeal associated with construction permits issued under Regulation No.3. The addition of 

section m.A.7 is to clarify that if a source wants to request a limit on the potential to emit in a 

standard construction pennit, the source may do so. This section also gives the Division the 

authority to limit the potential to emit HAP in a construction pennit. The amendments to section 

N.C implement the public participation requirements ofRegulation No.8, part E, section N. 

The requirement that the Division submit a copy ofthe public notice to EPA for sources applying 

for a pennit to limit the potential to emit criteria pollutants or federal HAP is meant to include 

criteria pollutants (already required under an agreement between the Division and EPA) and 

federal HAP listed in Appendix A ofRegulation No.8 (these are the HAP listed by EPA under 

section 112(b) ofthe federal Act). Permits for sources limiting the potential to emit Colorado 

HAP do not need to be sent to EPA for comment. 

Overall, these rules are intended to meld with the existing permit provisions within Regulation 

No.3 while providing the added authority for the Division to issue pennits to limit the potential 

to emit hazardous air pollutants and the opportunity for Colorado sources to get out ofmore 

rigorous permit requirements. 

1L. Adopted May 18, 1995 

Statement ofBasis, Specific Statutory Authority and Purpose 


Revisions to Regulation No. 3 


Part A, Section II.E.2 


(As requested by Metro Wastewater Reclamation District) 


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This Statement ofBasis, Specific Statutory Authority and Purpose for revisions to Regulation 

No.3 complies with the requirements ofthe Administrative Procedures Act, C.R.S. '24-4-103(4) 

for adopted or modified regulations. 

The 1990 Clean Air Act Amendments required states to inventory air emissions. C.R.S.' 25-7­

114.1 contains the requirements for this inventory. The Amendments also authorized EPA to 

conduct emissions studies for certain source categories, included publicly owned treatment works 

(POTWs). No adequate, reliable, and economically reasona6le emissions estiniiltions methods 

are currently widely available for these emissions. 

Based on the expectation that publication ofthese studies would result in the creation and 

dissemination ofpractical emission estimation techniques, revisions to Regulation No.3 were 

promUlgated in March of 1994 which postponed reporting ofnon-criteria reportable pollutants 

for these sources until July 31, 1995, or until six months after the completion ofthe national 

studies, whichever occurred first. The postponement also applied to facilities which treat 

municipal-type wastewater, since such facilities' emissions are virtually identical to those from 

POTWs. 

EPA has eliminated funding for the federal POTW study. However, the Association of 

Metropolitan Sewerage Agencies (AMSA) has been assisting EPA in preparing its guidance 

document, and AMSA has also been preparing its own guidance. These documents are expected 

to be useful in estimating POTW air emissions. A final draft ofAMSA's report is expected to be 

issued in the summer of 1995. EPA is also expected to issue its finding ofpresumptive MACf 

for POTWs for purposes ofthe Clean AirAct " 112(j) and (g) at about this time. 

Authority 

The specific authority for this regulatory amendment is contained in C.R.s. ' 25-7-1 06(I), which 

authorizes the Air Quality Control Commission to promulgate such regulations as are necessary 

or desirable to carry out an effective air quality control program, and • 25-7-114.1, which 

authorizes the Commission to promulgate the APEN inventory program. 

Purpose 

In order to give POTW s and facilities that treat municipal-type wastewater sufficient time to 

prepare reliable APENs, the Commission has extended the postponement ofreporting for noncriteria reportable pollutants for these sources until December 31, 1995. The Commission finds 

that extending the APEN reporting deadline is in the public interest because the information to be 

published by EPA and AMSA will not become available to these sources in time to allow for 

sufficiently reliable APEN reporting. 

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I.M. Adopted August 17, 1995 

Statement ofBasis, Specific Statutory Authority and Pmpose 

Revisions to Regulation No.3 


To change TSP to PM-I0 for PSD increments and housekeeping 


This Statement ofBasis, Specific Statutory Authority and Purpose complies with the 

requirements ofthe Administrative Procedure Act, C.R.S. 1973, Section 24-4-1 03(4) for adopted 

or modified regulations. 

On June 3, 1993 the U. S. EPA promulgated changes to the Prevention ofSignificant 

Deterioration (PSD) rules replacing the Total Suspended Particulate (TSP) increment with 

particles with an aerodynamic diameter ofless than or equal to a nominal 10 micrometers (PM10) increments. TSP continues to have a significance level for new sources but no longer 

influences the PSD increments. 

Additionally the Division has identified several mistakes in the publishing of Regulation No.3. 

Specific Authority 

The specific authority for this regulation is contained in the Colorado Air Pollution Prevention 

And Control Act, 1992 as amended. Section 25-7-105 (1) (a) (I) requires the Commission to 

promulgate a comprehensive state implementation plan that meets all requirements ofthe federal 

CJean Air Act. Section 25-7-105(1 ) (c) requires the Commission to promulgate a prevention of 

significant deterioration program. 

Pmpose 

The Regulation No.3 PSD rules implement the Federal PSD rules in Colorado. Under the PSD 

program areas that are in compliance with the National Ambient Air Quality Standards 

(NAAQS) are required to adopt a permit program for the preconstruction review ofnew 

stationary sources and modifications ofexisting stationary sources to prevent significant 

deterioration of existing air quality levels. The implementation ofthe new PM-I0 increments 

will utilize the existing baseline dates and baseline areas for PM. The PM increments measured. 

and PM-l0 already consumed since the original baseline dates established for TSP will continue 

to be accounted for, but all future calculations ofthe amount ofincrements consumed will be 

based on PM-l0 emissions. 

The Division is also proposing some minor housekeeping while revising this regulation. There 

were several sections where the language published in the Colorado Register was either repeated 

or the changed paragraph and the original paragraph were both printed. There was also an 

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outside request that submitted an outdated version ofthe regulation that was inadvertently 

published. 

IN. Adopted December 21, 1995 

Statements of Basis, Specific Statutory Authority and Purpose 

Part A, Section lB.37 & 67; Part B, Section IV.D.4 

This Statement ofBasis, Specific Statutory Authority and Purpose complies with the requirements of 

the Colorado Administrative Procedures Act, section 24-4-103, C.RS. and the Colorado Air 

Pollution Prevention and Control Act, section 25-7-110.5, CRoS. 

Regulations 3, 7 and the Common Provisions establish lists ofNegligibly Reactive Volatile 

Organic Compounds (NRVOCs). The revisions adopted consolidate the list ofNRVOCs into the 

Common Provisions, assuring that the same list ofNRVOCs apply to all the Colorado 

Regulations. This provides more consistency in those chemicals regulated as VOCs. 

Specific Statutory Authority 

The Colorado Air Pollution Prevention and Control Act provides the authority for the Colorado 

Air Quality Control Commission to adopt and modify Regulations pertaining to organic solvents 

and photochemical substances. Section 25-7-109(2)(f) and 25-7-109(2)(g), C.RS., grant the 

Commission the authority to promulgate regulations pertaining to Organic solvents and 

photochemical substances. The Commission's action is taken pursuant to authority granted and 

procedures set forth in sections 25-7-105,25-7-109, and 25-7-110, C.RS. 

Pwpose 

ofthe EPA list ofnon-photochemically VOCs), and adopting the EPA definition by reference, a 

single list ofnegligibly reactive VOCs will apply uniformly to all These revisions to Regulations 

No.3, 7, and the Common Provisions are intended to clarify substances that are negligibly 

reactive VOCs, which are reflected in the EPA list of non-photochemically reactive VOCs. By 

consolidating the list (which consists Colorado Air Quality Control Commission Regulations. 

This revision will also include EPA's recent addition of acetone to the negligibly reactive VOC 

list The addition ofacetone to the list ofnegligibly reactive VOCs provides additional 

flexibility to sources looking for an alternative to more photochemically reactive VOCs. Because 

the EPA has added acetone to their list of non-photochemically reactive VOCs many industries, 

which make and supply products to Colorado industries, are planning to substitute acetone for 

more reactive VOCs. This change in the content of products purchased by industry for use in 

Colorado would adversely effect industries in Colorado if acetone remains a regulated VOC in 

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CODE OF COWRADO REGULATIONS 5 CCR 1001-5 

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Colorado. By adopting acetone as a negligibly reactive VOC industries will be able to take 

advantage of and benefit from this possible shift in product contents. 

1.0. Adopted February IS, 1996 

Part A, Section H.E.1 

APEN Deferral for Utility and Non-utility boilers 

This Statement ofBasis, Specific Statutory Authority and Purpose complies with the requirements 

ofthe Administrative Procedures Act, CRS 1793, Section 24-4-103(4) for adopted or modified 

regulations. 

The current provisions ofRegulation No.3, Part A. Section D.E.1., were designed to postpone 

reporting ofnon criteria reportable pollutants by sources such as utility and non-utility industrial 

boilers and small municipal generators pending the results ofongoing studies being conducted by 

EPA pursuant to section 112(n) ofthe federal Clean Air Act. EPA was directed by Congress to 

complete those studies within three years after enactment ofthe federal act, i.e., by November IS, 

1993; however, EPA has yet to do so. 

During the Commission's last deliberations on this subject, it was stated that ifEPA could not 

meet its deadline, then the Commission would revisit this deadline. Both the Commission and the 

regulated community were hopeful that EPA would be able to finish its work by the fall of 1995 

so sufficient time was available for utilities to meet the December 31, 1995 deadline. 

Specific Authority 

Section 25-7-114.1 provides authority to the Commission to identify APEN reporting 

requirements. There currently are no federal reporting requirements concerning emissions of 

noncriteria reportable pollutants (NCRPs) or hazardous air pollutants (HAPs) from boilers. The 

current state regulations exceed federal regulatory requirements with respect to APEN reporting of 

emissions. 

Purpose 

A short postponement ofthe original deadline serves a significant dual purpose and both the state 

and the regulated community benefit from a deferral in this instance. The postponement avoids 

forcing an uneconomic and non beneficial compliance requirement at this time on the regulated 

community. Since there are no compliance obligations respecting HAP emissions from boilers, 

either in effect or proposed, EPA and Division interpretations provide that an applicant for a Title 

V operating permit need only list - not estimate quantities ofemission of- an application for an 

operating permit. This revision is administrative in nature, and is not intended to affect air 

emissions. 

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I.P. Adopted March 21, 1996 

Revisions to Parts A, B & C for Insignificant Activities (parties: Air Pollution Control 

Division, Colorado Association ofCommerce & Industry and the Colorado Utilities Coalition for 

Clean Air 

Division - Part A, Section I.B.9.a; Section II.D.l.kk, 4.a, b.(iii) & (vi); Part C, II.E.3.kk 

The Division reviews the addition of any requested insignificant activities to Regulation No.3 

once each year. The additions requested included small remote reservoir degreasers and torch 

cutting activities. Both ofthese items were reviewed by EPA Region VIlI prior to the hearing 

date and given verbal approval. 

The degreaser exemption provides that degreasers not using any chemicals covered by a 

Maximum achievable Control Technology (MACT) standard and meeting the definition ofsmall 

remote reservoir are not required to submit an APEN to the Division. The torch cutting 

exemption clarifies the status oftorch cutting as an exempt activity. 

Authority 

The specific authority for this regulatory amendment is contained in §25-7-114.1(2), C.R.S., 

which requires the Commission to exempt those sources or categories ofsources which it 

determines to be ofminor significance from the requirement than an air pollutant emission notice 

be filed. Section 25-7-114.6(1), c.R.S., requires that the Commission designate those classes of 

minor or insignificant sources ofair pollution which are exempt from the requirement for an 

emission notice or the payment ofan emission notice filing fee because oftheir negligible impact 

upon air qUality. 

Pwpose 

This rule change provides some clarification and additions to the APEN exemption list for those 

sources that the Division believes to be ofminor significance. 

Colorado Association ofCommerce and Industry - Part A, Section II.D .1.ttl; Part C, Section 

II.E.3.nnn. 

The Division reviews the addition of any requested insignificant activities to Regulation No.3 

once each year. The Colorado Association ofCommerce and Industry (CACI) requested the 

addition ofemergency power generators with limitations based on the size or hours ofoperation. 

The revisions relies on EPA guidance regarding emergency power generators. 

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CODE OF COLORADO REGULATIONS 5 CCR 1001-5 

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Authority 

The specific authority for this regulatory amendment is contained in C.R.S §25-7-114.1(2), which 

requires the Commission to exempt those sources or categories ofsources which it determines to 

be ofminor significance from the requirement that an air pollutant emission notice be filed. 

C.R.S. §25-7-114.6(1) requires that the Commission designate those classes ofminor or 

insignificant sources of air pollution which are exempt from the requirement for an emission 

notice or the payment of an emission notice filing fee because oftheir negligible impact on air 

quality. 

Purpose 

This rule change provides an addition to the APEN exemption list and clarification ofthe 

insignificant activities list for emergency power generators that are ofminor significance base on 

size and/or hours ofoperation. 

Colorado Utilities Coalition for Clean Air - Part A, Section ll.D.1.aaa.(i), (ii); sss.(1 ).iv to vii; 

uuu; vvv; www; xxx; yyy; zzz; aaaa.(i), (ii); Part C, ll.E.3.aaa.(i), (ii), xxx.(I).iv tovii; yyy; zzz; 

aaaa; bbbb; ccce; dddd; eeee 

This Statement ofBasis, Specific Statutory Authority and Purpose complies with the 

requirements ofthe Administrative Procedure Act, C.R.S. 1973, Section 24-4-103(4) for adopted 

or modified regulations. 

The current provisions ofRegulation No.3., Part A and Part C both contain lists ofactivities and 

sources considered to be "insignificant" or exempt from reporting requirements. On December 

29, 1995, the Commission proposed revisions to its existing Regulation No.3, Parts A and C. 

Alternative proposals were submitted by members ofthe public, and after consultation, were 

endorsed by the Division. 

Specific Authority 

Section 25-7-114.1 provides authority to the Commission to identify APEN reporting 

requirements. Further, the rulemaking authority ofthe Commission is found in sections 25-7­

105 to 109 CRS, as amended. The regulations ofthe Commission currently contain lists of 

activities and sources exempt from APEN and reporting requirements. On July 10, 1995, the 

U.S. EPA issued a White Paper designed to streamline and simplify the development ofPart 70, 

Title V permit applications. The White Paper explains that Part 70 provides permitting 

authorities considerable flexibility in defining certain activities or sources as "insignificant" upon 

proper showing ofsuch. The White Paper itself contains substantial lists of activities or sources 

which are insignificant for reporting purposes. 

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Purpose 

The addition ofthe following sources or activities to existing APEN exemption and reporting 

requirements serves a significant dual purpose and both the state and regulated community 

benefit from the alternate proposals. The revision ofexisting regulation avoids forcing an 

uneconomic and non-beneficial compliance requirement on the regulated community. Several of 

the following activities or sources are on federal lists as "insignificant," as well as those of 

neighboring states. These revisions are administrative in nature, and are not intended to affect air 

emissions. 

Non-road Internal Combustion Engines: 

Machinery utilized by the construction and service industries such as various types ofpumps, 

light plants, compressors, and generators are powered by various sizes ofinternal combustion 

engines. Most are relatively small. Some emergency equipment such as fire pumps are powered 

by larger engines, but are operated infrequently. The exemptions listed above identify those 

within this category which have insignificant emissions. This exemption is consistent with other 

exemptions in the regulation (see, for example, subsections k. and I.). As a practical matter, 

APENS have not been required from most ofthese machines in the past. The sizes ofmost of 

these engines are comparable to the thousands oflight and heavy trucks (gasoline and diesel 

powered) which travel the roads in this state without any reporting requirements. 

The EPA proposaI ofMay 17,1990 (58 Fed. Reg. 28809) and the EPA study it references 

contains useful findings. It exempts all spark-ignition (gasoline, propane and natural gas 

powered) engines. On page 28816 ofthe Federal Register notice, EPA finds that it did not 

propose manufacturing standards for spark-ignition engines because little to no emission benefit 

would be achieved for testing, record keeping and reporting requirements on these engines. Cost 

burdens industry would have to bear would not be reasonable. It also found that test procedures 

have not been demonstrated to be capable ofaccurately predicting the levels ofhydrocarbons, 

carbon monoxide and particulate matter emissions generated by these engines in actual use. In 

addition, the economics and failure problems associated with gasoline powered engines dictate 

that relatively small sizes ofgasoline engines are used for the light commercial equipment 

described above. As a result, all spark-ignition engines should be exempt from APEN reporting 

and classified as an insignificant activity. 

The EPA study found that it could also exempt engines located on a trailer or truck bed. These 

engines are relatively small (dictated by trailer size and carrying capacity limitations) and power 

light commercial equipment, such as welders, compressors and generators, see page 28815 ofthe 

Federal Register notice. 

Larger machines are typically powered by diesel engines ofvarying sizes. A review ofemission 

factor data from AP-42 supports a division ofdiesel powered engines into three categories for 

APEN exemption purposes. Using emission factors from AP-42, expected emissions from a 175 

horsepower diesel engine operating 24 hours per day, 7 days per week, 52 weeks per year at a 

load factor of0.5 would present a "worst case" estimate under the 8760 hours per year "potential 

to emit" methodology. The following emissions are calculated: 

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CODE OF COLORADO REGULATIONS 5 CCR 1001-5 

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-0.2 

-0.5 

ton 

ton 

per 

per 

year 

year of

ofhydrocarbons 

carbon monoxide ..~ 

-0.2 ton per year ofparticular matter 

-2.5 ton per year ofnitrogen oxides 

-0.2 ton per year ofsulfur oxides 

A 300 horsepower engine could operate up to 3 hours per day. or 1095 hours per year, and have 


the same emissions as the 176 horsepower engines. Similarly, an engine up to 750 horsepower 


could operate 1 hour per day, or 365 hours per year and have the same emissions as the 175 


horsepower engine class. 


This approach is consistent with the approach taken by the EPA in its Guidance Docwnent for 


"Calculating Potential To Emit for Emergency Generators," issued September 6, 1995. There, the 


EPA agreed that the use of8.760 hours per year for calculating the potential to emit for 


emergency generators did not control. Instead, EPA recommended that the potential to emit be 


based upon an estimate ofthe maximwn amount ofhours the generators could operate based on a 


case-by-case basis where justified by the source owner or pennitting authority. Surface water 


storage impoundment ofnonpotable water and storm water evaporation ponds: Chemical 


analysis and observation ofthese sources has consistently demonstrated that they are a negligible 


emission source ofany regulated air pollutant. 


Non-potable water pipeline vents: 

Proper flow through ofnon-potable water maintains these sources as insignificant. Proper flow 


keeps the water in line from becoming septic and therefore a negligible source ofany regulated 


air pollutant. 


I.A.1. Steam vents and safety release valves: 

Safety release valve vents enable immediate reduction ofpressure in steam lines. 


Emissions out ofthe safety valves consist only ofpure water vapor. 


IA.2. Deaerator/vacuwn pump exhausts: 


These are negligible sources ofemission of any regulated air pollutant. 

I.A.3. Seal and lubricating oil SYStems for steam tmbine electric generators: 

Atmospheric vents exist in coal-fired utility turbine lube oil systems enable removal ofwater 


vapor from lube oil return lines from the tmbine and generator bearings. This enables 


atmospheric pressure operation oflube oil storage tanks. These are not storage systems, but 


actual service operations. Calculations reveal that these activities would emit less than one 


ton ofVOC's a year, per facility. 


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I.A.4. Venting ofnatural gas lines for safety purposes: 

To enable the safe delivery offuel gas to the utility boilers, and provide the ability to safely 

purge natural gas from fuel lines within a generation building, vent lines exist to allow the 

intennittent discharge ofnatural gas to safe areas away from personnel and ignition sources. 

The intennittent discharge ofnatural gas would occur during start-up and shutdown ofthe 

natural gas supply to generating unit burners to purge air or natural gas from the piping 

system within the generation building. These activities are not expected to emit more than 

one ton ofVOC's or more than 110 pounds ofhexane ayear. 

Sulfuric acid storage tanks not to exceed 10,500 gallons capacity and sodium hydroxide 

tanks: 

Sulfuric acid and sodium hydroxide, used to control pH, are stored in tank systems vented to 

the atmosphere. These vents will exhaust vapor from a tank system through vapor 

extraction and contraction because ofchanges in temperature and barometric pressure. 

These losses, which are referred to as breathing losses, occur without any significant change 

in liquid level in the tank, and are negligible. 

Waste lubricating oil storage tanks not larger than 40,000 gallons and lubricating oil 

conditioning systems: 

Low volatility waste turbine and motor lube oil generated by utility plant machinery and 

mobile heavy equipment is stored in tanks. These tanks are equipped with atmospheric 

vents on the tops ofthe tanks. Emissions through these vents are expected to occur during 

the filling and emptying ofthe tanks. These emissions contain trace amounts ofVOC's, with 

no other reportable emissions expected. Based on the low annual throughput ofthese tanks, 

emissions are insignificant, assuming that the tanks are emptied approximately five times 

per year or less. 

Colorado Utilities Coalition for Clean Air - Part A, Section D.E.1 

This Statement ofBasis, Specific Statutory Authority and Pwpose complies 24-4- with the 

requirements ofthe Administrative Procedure Act, C.RS. 1973, Section 103(4) for adopted 

or modified regulations. 

The current provisions ofRegulation No.3, Part A, Section D.E.I, were designed to 

postpone reporting ofnon-crlteria reportable pollutants by sources such as utility and nonutility industrial boilers and small municipal generators pending the results ofongoing 

studies being conducted by EPA pursuant to section 112(n) ofthe federal Clean Air Act. 

EPA was directed by Congress to complete those studies within three years after enactment 

ofthe federal act, i.e., by November 15, 1993; however, EPA has yet to do so. 

Both the Commission and the regulated community were hopeful that EPA would be able to 

finish its work by the fall of 1995 so sufficient time was available for utilities to meet the 

original December 31, 1995 deadline. The EPA did not meet that deadline, and the 

Commission granted a deferral until June 30, 1996. The EPA study is now the subject of 

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further delay due to one ofthe individual constituent hazardous air pollutant studies and the 

extensive federal government furloughs in both late 1995 and early 1996 that substantially 

contributed to further delay the study's progress. 

Specific Authority 

Section 25-7-114.1 provides authority to the Commission to identify APEN reporting 

requirements. There currently are no federal reporting requirements concerning emissions 

ofnon criteria reportable pol1utants (NCRPs) or hazard<1us air pollutants (HAPs) from 

boilers. The current state regulations exceed federal regulatory requirements with respect to 

APEN reporting ofemissions. 

Purpose 

A short postponement ofthe amended deadline serves a significant dual purpose and both 

the state and the regulated community benefit from a deferral in this instance. The 

postponement avoids forcing an uneconomic and non-beneficial compliance requirement at 

this time on the regulated community. Since there are no compliance obligations respecting 

HAP emissions from boilers, either in effect or proposed, EPA and Division interpretations 

provide that an applicant for a Title V operating permit need on1y list - not estimate 

quantities of emissions of- HAPs reasonable believed to t>e contained in the boiler 

emissions in an application for an operating permit. 'This revision is administrative in 

nature, and is not intended to affect air emissions. 

l.Q. Adopted March 21,1996 

Part B, Section m.D.l.f, Section IV.C.1.e, Section IV.C.Lf, and Section IV.C. 

The changes to Regulation No.3 were adopted in order to make it clear that the 

redesignation ofthe Denver metropolitan area as an attainment maintenance area for ozone 

does not change the requirement for gasoline stations in the Denver metropolitan area are to 

obtain a construction permit. 

Section m.D.I.f appears to imply that, upon such redesignation, gasoline stations in the 

Denver area would not be required to obtain a permit because that area would become an 

attainment area. However. Section m.D.5 goes on to provide that such exemptions do not 

apply because gasoline stations are subject to the RACT requirements ofRegulation No.7, 

section VIB.3.b. The purpose ofthe revisions is simply to make it clear from the text of 

Regulation No.3, Part B, Section m.D.l.f alone that gasoline stations in the Denver area are 

still required to obtain a construction pennit. The revisions to Sections IV.C.I and IV.C.4 

were necessary to ensure that permits for de minimis exemptions from, and alternative 

means ofcompliance with, the requirements ofRegulation No.7 are subject to review and 

comment by the public and by EPA. Such comment and review is necessary because the 

sections l.A. and 1I.D ofRegulation No. 7 provide the agency with the authority to revise the 

requirements that apply to a source without revising the SIP. The SIP requirements were 

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developed and adopted following review and comment by EPA and the public. It follows 

that any change in those requirements with respect to any source or category ofsources 

should also be subject to such public comment and review. The specific statutory authority 

to amend this regulation pertaining to exemptions from permit requirements is set out at § 

25-1-114.2. Further statutory authority can be found in the Commission's authority to 

redesignate the area because such redesignation must include an approvable maintenance 

plan. The specific statutory authority to promulgate the rules necessary for redesignation is 

set out in § § 25-7-105(1Xa)(l) and (2); -106(1)(a); -101 (1) and (2.5); and -301. 

lbis revision to Regulation No.3 is not intended to red'ice air pollution and will have no 

regulatory effect on any person, facility or activity. 

F or c I·fi· an canon, the C omnusslon a d d opte th ese regul 1 . anon revISIons as D o IIows: 

REGULAnON REVISION OZONE SIP AND MAINTENANCE PLAN 

Part B, Section m.D.l.f Exists in Appendix C ofthe Ozone Maintenance Plan to be come a 

part ofthat document approved March 21, 1996 

Part B. Section IV.C.1.e 

and f; Section 1V.C.4 

Adopted as subsequent regulation revisions to be submitted to the 

Governor and EPA Separately and concurrently as a revison to the 

SIP (and Maintenance Plan). 

lR Adopted JUNE 20, 1996 

Part A, Section V.C. l.f(Fees Correction) 

This revision corrects an erroneous regulation change requested by the Division in response 

to an EPA letter ofSeptember 19, 1994, which provided comments on the revisions to 

Regulation NO.3 for the operating permit program. The comment made by EPA was for 

clarification. not a requirement that the State should not charge for fugitive emissions. The 

change requested by the Division in 1995 included the term fugitive emissions in the 

paragraph ofexclusions from the definition ofregulated pollutant. Because ofthis change, 

the Division' s authority under the statute to charge annual fees for fugitive emissions 

became confused which affected the Division's ability to cover its operating costs through 

fees. The regulation text also no longer conformed to section 25-7-114.7, as revised in the 

1996 legislative session. 

Authority 

Section 25-7-114.6.(3), C.RS., requires that the revenues from fees collected by the division 

approximate the annual appropriations to the division to carry out its duties with respect to 

stationary sources. Section 25-7-114.1, C.RS., requires imposition ofan annual emission 

fee on stationary sources, and defines what is a regulated pollutant for purposes ofthese 

fees. 

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Purpose 

These changes address an erroneous March 1995 revision made with respect to the charging 

of fees for fugitive emissions. The revision specifically exempted fugitive emissions and 

would significantly reduce the Division's ability to collect fees sufficient to cover duties with 

respect to stationary sources. In 1992 the General Assembly prohibited imposition of annual 

fees for fugitive dust or fugitive emissions as those terms were defined at the time in 

"commission rule lB.l ofregulation number 3,5 CCR 1001-5." That rule defined only 

fugitive dust and the March 1995 regulatory revision inadvertently addressed fees on 

fugitive emissions as well. This rule conforms the regulation to statute, and eliminates any 

ambiguity between the two. Moreover, during the 1996 legislative session, the legislature in 

HBl271 amended Section 25-7-114.7{l) to clarifY the authority ofthe Commission to assess 

fees for fugitive emissions. The Commission intends that all forms of"fugitive dust," 

regardless ofwhether the dust is ofa size or substance to adversely affect public health or 

welfare, is excluded from the definition of"regulated poJlutant", for purposes of annual fees. 

The Commission determines that these revisions are administrative in nature and are not 

intended to reduce air pollution. 

I.S. Adopted June 20, 1996 

Sect Part A, Section lB.9, 59, Section V.C.I2; Part B, Section ill.D.2; Part C, Section n.A.b, 

ion VI.A, E, H.3 and Section Xll.A.l ; 

Appendices B, C and D for Hydrogen Sulfide 

Background 

The Division requests that the Commission adopt changes to Parts A and C and the Appendices 

within Regulation No.3 to better reflect current EPA implementation ofthe Title V operating 

permit program. These changes include: (1) noting that a source major only for Total 

Suspended Particulate (TSP) is not required to obtain an Operating Permit in Part C; (2) 

deleting the Hazardous Air Pollutant reference beside the pollutant Hydrogen Sulfide (H2S) in 

Appendices B, C, and D ofRegulation No.3 to reflect the federal delisting ofthis pollutant, 

and; (3) expanding the definition of "applicable requirement" in Part A to clarify that EPAissued PSD permits are applicable requirements ofthe Operating Permit Program. A discussion 

ofeach ofthese changes follows. 

The current notation under Regulation No.3, Part C Section n.A, General Considerations, lists 

all major sources as being required to obtain Operating Permits. The EPA has issued a written 

guidance document indicating that the definition ofregulated air pollutant for purposes ofTitle 

V applies only to emissions ofPM-l0, and not TSP. The current requirements reflected in Part 

C, Section n.A.l.b do not reflect the federal program requirements. 

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Currently, H2S is reflected as a Hazardous Air Pollutant in Appendices B, C, and D. The EPA 

stated that the inclusion ofH2S on the federal Jist was a typographical error and removed the 

pollutant from the federal list. As a result ofthe reference to H2S as a hazardous air pollutant in 

the Appendices, sources emitting H2S have been charged annual fees for HAPs and sources 

major for H2S emissions could be required to get an Operating Permit. 

The current definition of applicable requirement in Part A, Section lB.9.a does not provide 

authority for EPA-issued PSD permits to be incOlporated into Operating Permits. The definition 

of"applicable requirement" in Part 70 ofthe federal pr~ includes pernlits issued byEPA. 

The State needs this regulatory change to make the rules consistent with the federal law. 

Currently, regulated entities subject to these requirements can obtain a permit from EPA or can 

voluntarily have the requirement placed in their Title V pennits, but this situation does not 

support the intent behind the Title V program. 

Specific Authority 

The specific authority for changes to this regulation is fOlmd in the Colorado Pollution 

Prevention and Control Act. Section 25-7-1 05( 12) provides authority to promulgate regulations 

which are necessary to implement the minimum elements ofTitle V. Section 25-7-103(1.5) 

allows the Commission to define air pol1utant consistent with the federal act. Section 25-7­

114.4( 1 )(1) and Section 25-7-114.4(3 )( a) provide authority for promulgating regulations for the 

effective administration of construction and operating permits, and complying with all 

applicable requirements for operating permits. Section 25-7-114.5 provides authority for 

evaluating permit applications to determine whether operation and emissions comply with all 

applicable emission control regulations. Relevant federal law includes 42 U.s.c. Section 

7661a(b)(5)(A), and 40 C.F.R. Sections 70.J(b), 70.3, and 70.6(a)(l) regarding applicable 

requirements. Commission action in making changes to Regulation No.3 is taken pursuant to 

the above statutory provisions. 

Pw:pose 

The amendments adopted by the Commission add language inRegulation No.3, Part C, Section 

D.A.1.b indicating that a source that is major only for TSP is not required to receive an 

Operating Permit. This amendment ensures conformity with the federal law. 

The amendments delete the reference 10 Hazardous Air Pollutant noted next to hydrogen sulfide 

in Appendices B, C, and D. This ensures consistency with the Federal delisting and eliminates 

the potential confusion for sources that will be major only based on emissions of hydrogen 

sulfide as a Hazardous Air Pollutanllo obtain an Operating Permit. The amendments expand 

the definition ofapplicable requirement in Part A to include those permits issued by EPA under 

Part C and Part D ofthe federal act. This ensures conformity with the federal law. 

The amendments correct a few typographical errors that existed in Regulation No.3, Parts A, B, 

andC. 

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Finally, the amendment to Part C, Section ll.A.t.b, regarding TSP, is administrative in nature 

and is intended to reflect current EPA policy; it is not intended to reduce air pollution. The 

amendment to Part A, Section I.B.9.a, regarding the definition of applicable requirement, is 

administrative in nature and reflects the requirements of Part 70. This action regarding the 

definition ofapplicable requirement maximizes air quality benefits in the most cost effective 

manner by enabling sources to incorporate federally-issued PSD permit into their Operating 

Permit. Thereby, these sources will only be reporting to one enforcement authority. These 

revisions applicable to Part C are not to be submitted as part ofthe State Implementation Plan. 

I.T. Adopted OCTOBER 24, 1996 

Generic Part A, Section V, (with Regulation No.5, 

Emissions Trading and Banking 

This Statement of Basis, Specific Statutory Authority and Purpose complies with the 

requirements ofthe Colorado Administrative Procedures Act, section 24-4-103, C.RS. and the 

Colorado Air Pollution Prevention and Control Act, sections 25-7-110, 25-7-110.5 and 25-7­

110.8, C.R.S. 

The Division has worked with the emissions trading and banking subcommittee to develop 

Regulation No.5 and revisions to Regulation No.3 for the purpose ofimplementing an EPAapprovable emissions trading program. 

The subcommittee has developed a trading rule combining elements from the existing EPA 

guidance and the prior Commission rule. The subcommittee spent a great deal of time 

discussing the issues around the possible uses for credits, how credits could be certified, and 

how they should be traded and tracked. 

Emission reduction credits are intended to be granted only for reductions beyond compliance 

levels which are actual, quantifiable, surplus and enforceable. This rule is not intended to 

impose additional control1imitations on sources. The rule does impose requirements to ensure 

that these basic criteria are met in order to guarantee that the source flexibility afforded by this 

program does not occur at the expense ofair quality. 

This rule is a revision to the SIP done only under the Commission's general authority. Thus, the 

trading and banking rule will not be state enforceable until after legislative review. Section 25­

7-133(2), C.R.S. Additionally, because EPA must approve this change into the SIP, the 

Commission finds it appropriate to delay the effective date of these revisions until EPA 

approval as a SIP revision. This will provide the sources that might wish to participate the 

assurance that the rule is approved and that the credits are useable prior to the implementation 

ofthe program. The existing trading provisions in Regulation No.3 will remain in effect until 

the new trading rules are approved by EPA. These constraints on the effective date ofthese 

revisions are reflected in the rule text approved by the Commission. In addition, in order to 

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avoid confusion about what portions ofthe regulations are effective until EPA approval ofthe 

SIP change, the parts ofRegulation No. 3 which will be repealed are printed in italics. 

State implementation plans are to include, among other things, enforceable emissions 

limitations and other control measures, means or techniques to meet the requirements ofthe 

Clean AirAct. These are to include economic incentives such as fees, marketable permits, and 

auctions of emissions rights. 42 U.S.C. 7410(a)(2)(A). These regulation revisions are being 

submitted as a SIP revision pursuant to the foregoing Clean Air Act requirements. 

The following issues were identified by the subcommittee and noticed by the Commission for 

further consideration. The Commission discussed and resolved these issues in the course ofthis 

rulemaking proceeding and makes the following findings regarding these issues. 

Issue: Once used, does a permanent emission reduction credit (ERC) ever expire? Some 

believe that an ERC once used, even iffrom a permanent reduction, should expire after 

some period (e.g., 20 years). 

Conclusion: The Commission, based on the experience in the previous trading rules, decided 

that the permanent credits shall not expire after they are put into use. 

I.A.5. 	 Issue: Should a decrease in electrical demand be usable to generate emission 

reduction credits? 

Conclusion: Because of the existence and operation of the national electrical grid 

system, the Commission believes that it would be far too difficult to verify that there had 

been a decrease in demand (a decrease in actual emissions) and not a variation in the grid 

structure, and therefore at this time finds it is inappropriate to allow a decrease in demand 

to generate ERCs. 

1.A.6. 	 Issue: As the proposed rule is written, inter-pollutant trading is allowed on a case-bycase basis subject to Division approval. The subcommittee and the Division 

recognized that a universal or standard protocol for approving such trades would be 

desirable, but that no officially-approved protocols for any inter-pollutant trades exist. 

Conclusion: The Commission agrees that there is currently insufficient scientific 

information available to support inter-pollutant trades in most cases. In order to ensure 

that the Division staffis not placed in the position ofhaving to develop information and 

protocol to support an inter-pollutant trade proposal, the Commission finds that the 

burden of proving the acceptability of an inter-pollutant trade shall be placed on the 

source. 

Because ofconcerns expressed bythe EPA that the protocol for inter-pollutant trades bas 

not yet been developed, the language ofV1.B. was amended to allow proponents ofsuch 

trades the opportunity to make their case to the Division and EPA for approval. This 

amendment attempts to address the EPA concern. 

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I.A.7. 


I.A.B. 

!'A.9. 

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Issue: The proposed rule states that temporary credits must be credited and traded 

within the same "season" for seasonal pollutants. Should temporary credits be 

allowed to be traded from a season oflower concern to a season ofhigher concern? 

Conclusion: The Commission fmds that the use oftemporary credits should be restricted 

to the same season in which they were generated, or a season oflower concern. This will 

help mitigate any significant increases in seasons that may cause a violation of the 

NAAQS. 

Issue: At this time no internal provisions exist for program development and 

implementation. How should the cost of the program implementation and 

development be addressed? 

Conclusion: The Commission acknowledges that the Division will monitor the activity 

in the trading program and. if needed. legislative fee authority will be sought. Fees for 

permit changes required by this rule will be charged pursuant to Regulation No.3. 

Nevertheless, the Commission acknowledges that resources are not currently available 

and funding may be needed for this program. 

Issue: Should the rule contain procedures or criteria specific to trading Hazardous Air 

Pollutants (HAPs)? The subcommittee and the Division agreed not to address this 

issue ofHAPs in the proposed rule. 

Conclusion: The Commission is concerned that use ofERCs for criteria pollutants that 

contain or consist of HAPs could unduly increase the risks to communities and the 

environment in the vicinity ofthe credit-using source. Assessing relative risk is difficult, 

time-consuming and highly fact-specific to a particular source and trade. In order to 

address this concern, the Commission adopted Section VIG.8 that requires that the 

HAPs reduced to generate the ERC must be of equal or greater toxicity than the HAPs 

contained in the emissions for which the ERC will be used in lieu of satisfYing an 

applicable requirement. Section Vl.G.8 does not operate as an emissions control 

regulation on any HAPs, but is simply a limitation on participation in the trading 

program. 

Issue: How is the base emission rate sct? In order to show the level of actual 

emissions at a source before reductions for which credits are claimed, a period 

representative ofnormal operating conditions must be used. 

Conclusion: The Commission adopts provisions that require using the last twelve 

months' actual emission rate unless the last twelve months are not representative. The 

source may propose to the Division to use any consecutive twelve months in the last ten 

years as more representative ofnormal unit operations. This allows most sources to use a 

period which the Commission believes is likely to be representative ofnormal operating 

conditions. Where the source can show that the period is not representative, the rule 

allows source flexibility in determining their pre-reduction actual emissions. 

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1.A.10. 	 Issue: Should the Commission give authority to the Division to allow discounts from 

the ten percent contribution of emission reductions for air quality benefits for 

generators that participate in a voluntary pollution prevention program or other 

voluntary "beyond-compliance" programs? Should a generator be allowed to 

contribute only five percent ofits their emissions reductions for air quality benefits as 

an incentive for participation in pollution prevention programs? 

Conclusion: The Commission agreed to provide such flexibility to the Division for 

generators that have voluntarily adopted comprehensive and facility-wide environmental 

programs such as a Pollution Prevention Program or other similar voluntary "beyondcompliance" programs. 

I.A.11. 	 Issue: Should ERCs be used to satisfy Best Available Control Technology (BACT) or 

Lowest Achievable Emission Rate (LAER) requirements where a source triggers PSD 

or nonattainment New Source Review and must install BACT or LAER control 

technologies? Recent reports in the national press have indicated that EPA is giving 

serious consideration to allowing ERC use for BACT as it attempts to move away 

from command-and-control approaches to more contemporary market approaches. 

Conclusion: The Commission believes that ERCs may appropriately be used in lieu of 

the emissions reductions which would otherwise be achieved byapplication ofthe BACT 

technology requirements in situations where such technology requirements are not costeffective or exacerbate other pollutant emissions, and the use ofan ERC would achieve 

the same purposes more efficiently. h1 such instances, it will be incumbent on the source 

to demonstrate that such a situation exists. In any case, however, the other PSD 

provisions and required analyses would apply to the source. PSD requirements are 

performed on future allowable emission rates. Because of concerns about the use of 

ERCs for BACT requirements, although the Commission has allowed ERCs to be used to 

meet BACT requirements in limited instances, it believes that this provision should only 

be applied prospectively for new BACT requirements and not to allow a source to 

remove BACT where it has already been installed. The Commission concludes that use 

ofERCs in lieu of emissions reductions from LAER is not appropriate because of the 

potential impacts on nonattainment areas. 

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I.A.12. 	 Issue: How will the local effect of"hot spot" pollutant trades be analyzed to prevent a 

local criteria pollutant exceedance due to emission credit transactions? Should the 

rule require modeling ofcriteria pollutants to assure there are no exceedances ofthe 

National Ambient Air Quality Standards?Conclusion: The Commission adopts the 

language in section VI.G.7 ofRegulation No.5 requiring modeling for all trades in 

order to ensure that trades do not cause or contribute to a NAAQS exceedance, an 

increment exceedance, or any violation of a required SIP provision. As that section 

reflects, the source may request that the Division waive the modeling requirement if 

the source can document to the Division's satisfaction that the tradeltas a negligible 

impact. 

I.A.13. 	 Issue: How and who modifies the conformity budget for intersector trading? With 

mobile to stationary source trades, does the emission budget increase after the life of 

the credit has expired, and how is this accomplished? 

Conclusion: The Commission has provided for ERCs to be available to satisfy 

conformity requirements in accordance with the federal rules. The Transportation 

Conformity requirements (40 CFR Parts 51 and 93) presently allow for trades among 

emissions budgets where either a SIP revision or a SIP establishes mechanisms for such 

trades. 40 CFR §93.124(c). The Colorado emissions trading rule is intended to be a SIP 

revision establishing such a "mechanism" to allow for such trades. 

The Commission recognizes that, if mobile source emissions rise above the mobile 

source emissions budget in the state implementation plan, a plan revision may be 

necessary as otherwise required by state and federal law . 

I.A.14. 	 Issue: What becomes ofthe "buffer" between a credit-generating source's potential to 

emit and its actual emissions before the reduction for which the credit is claimed? 

Does the generator get to keep a portion, all, or none of it? 

Conclusion: The Commission finds that methods exist to allow a source to retain the 

operating flexibility from a pre-reduction "buffer." When a source wants such flexibility. 

it may claim credits for less than the entire reduction in emissions accomplished; the 

difference constitutes a new "buffer." A source may use temporary credits to meet shortterm operating needs. 

These methods retain flexibility for the source without relying on "paper reductions. " 

The Commission concludes that it is imperative that reductions for which credits are 

granted must be actual reductions. Allowing a source to retain a buffer from within the 

credits granted, as proposed by the Colorado Association ofCommerce and Industry, 

would result in credits for "reductions" which did not actually occur. This result is 

unacceptable, particularly because sources determine their own pennitted emissions 

levels when they file their Air Pollution Emission Notices. 

For example, a source with a ninety-five ton per year pennitted level that actually emits 

fifty tons reduces its emissions to forty tons. The source should take a new pennit with a 

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I.A.1S. 

I.A.16. 

level between forty and fifty tons (e.g., forty-five tons) so that the source has a five ton 

buffer. The source may then fluctuate its emissions between forty and forty-five tons 

without violating the permit, and generate temporary credits for any emissions reductions 

below forty-five tons. 

In order to ensure that reductions are actual, an ERC-generating source will not be able to 

increase its pennitted emissions in the absence ofa process or control modification. The 

source cannot, for example, simply file an APEN with higher emissions estimates and 

thereby increase its permitted emissions. The effect would be to allow emissions for 

which credits were already granted, resulting in "paper reductions." This consequence is 

unacceptable. 

Issue: Should a closer relationship be established between emission trades and the 

various pollutant-specific SIP elements? With regard to the spatial distribution of 

emissions, the rule as proposed did not acknowledge any sub-regional emission 

budgets, dispersion modeling requirements, or other spatial considerations contained 

in attainment and maintenance demonstrations for specific SIP elements. 

Conclusion: The original proposed regulation did not have a modeling requirement for 

ERC use. The Division subsequently proposed that modeling be required prior to an 

ERC use unless the source requests that such modeling be waived and the source can 

show that the ERC use would have a "negligible" impact. The Colorado Association of 

Commerce and Industry expressed a concern that the Division would require costly or 

unnecessary modeling in most cases. This concern stems from the lack ofdefinition of 

what is "negligible" in the judgment of the Division. The Commission believes that 

modeling should only be required where the location or circumstances ofthe ERC use 

would reasonably be expected to cause or contribute to a NAAQS violation, an increment 

exceedance, or violation ofa SIP provision such as near a "hot spot" in a nonattainment 

area or where ambient conditions are within 5% of any applicable standard. The 

Commission, based on the explanation offered by the Division, believes that the 

modeling required by the rule as adopted will adequately address this issue. 

Issue: Should the emission trading rule clarify whether trades can take place among 

different air sheds!Air Quality Control Regions. 

Conclusion: The Commission adopts two levels oflimitations on the geographic scope 

oftrading. First, trades are limited to sources within the same nonattainment area or 

from a source in a nonattainment area to one in an attainment area. Second, all trades 

must be between sources within the same PM-IO PSD areas. These limitations are 

intended to avoid excessive impacts on local communities and Class I areas from longdistance trades. 

In addition to the issues discussed above, the Commission also considered concerns 

about granting ERCs for emission reductions which occurred in the past. This rule 

allows a source to use credits generated under the old rule and to seek credit certification 

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for reductions which occurred prior to adoption ofthis rule. However, the Conunission 

wants to emphasize that past emission reductions which have been used to demonstrate 

attainment or reasonable further progress for SIP purposes are not eligible to qualify as 

ERCs. 

The Commission recognizes that use of ERCs in lieu of compliance with an emission 

limitation may raise public concerns in the vicinity ofthe credit-using source. For this 

reason, the rule anticipates that notice to the Division will be required prior to use of 

ERCs. Permanent ERC use must be accomplished through a permit cltange. Temporary 

ERC use may occur only after an APEN is filed with the Division. Each of these 

documents is available to the public. Notices ofERC use will be published on the ERC 

Trading Network by the Division. The provisions of Regulation No. 3 requiring and 

allowing public notice and comment of proposed permits and modifications will also 

apply to permit actions to approve use ofERCs. The Commission believes that use of 

the Division's discretion to seek public conunent needs to be supplemented in order to 

provide sufficient information to the public regarding proposed uses of ERCs. 

Accordingly, the Commission has included a requirement that the Division notify local 

governments in the affected area when the trade will result in the use ofERCs which 

would exceed the threshold for, or otherwise trigger, public notice and conunent pursuant 

to section N.C.I ofPart B, Regulation No.3. The Commission anticipates that local 

governments will be able to use this notice to schedule informational meetings for 

citizens, which Commission members and appropriate Division staff will be able to 

attend. The Commission also emphasizes that the Division should exercise appropriate 

discretion to provide public notice and comment for trades that involve HAPs, which 

would be implemented by notifying the local govemment pursuant to the process 

described above. 

TheCommission elected to preclude trading ofelemental lead because ofthat pollutant's 

particular characteristics and modified the definition ofcriteria pollutant for the purposes 

ofthis regulation. 

The Commission included Section N .A.I.d. in this regulation to ensure that ERCs are 

granted only for real overall reductions in emissions. This provision ensures that 

reductions will be creditable only if the emissions are not replaced in the airshed by 

another generator in a business oflike kind. Inorder to assure that this program does not 

grant credit for "paper" reductions, the rule prohibits generating ERCs where this 

business shift will replace emissions within the same airshed. This determination will be 

made on a case-by-case, fact-specific basis. 

Specific Statutory Authority 

These regulation revisions are adopted under the general authority ofthe Conunission 

found in section 25-7-105(1), C.R.S. and are consistent with 42 U.S.C. 7410(a)(2)(A). 

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Purpose 

This rule was proposed in order to provide the maximwn flexibility for sources in 

meeting the state and federal requirements outlined under the possible uses for credits. 

The Commission makes the following findings in regards to the adoption of this 

regulation: 

I. 	 The Commission has considered, and has based its decision, on the 

reasonably available, validated, review.ed and sound scientific methodologies 

and information made available by interested parties. 

2. 	 Where these revisions are not administrative in nature, the record supports the 

conclusion that the provisions adopted will result in a demonstrable reduction 

in air pollution. This reduction is accomplished through the retirement of 

10% ofthe achieved reduction in emissions. 

3. 	 The revisions selected maximize the air quality benefits of the emissions 

standards that apply. The revisions selected are the most cost-effective based 

on the documents submitted by the parties under section 25-7-110.5, and 

provide the regulated community with flexibility in meeting emissions 

limitations. Although the requirement for increased emissions modeling may 

impose additional costs, the Commission believes this requirement is 

necessary to ensure that no violations ofair standards will occur as a result of 

usingERCs. 

IV. Adopted November 21,1996 - Appendices B, C 

This Statement of Basis, Specific Statutory Authority and Purpose complies with the 

requirements ofthe Colorado Administrative Procedures Act, section 24-4-103, C.R.S. and the 

Colorado Air Pollution Prevention and Control Act, section 25-7-110.5, C.R.S. 

Regulations 3, 7 and the Common Provisions establish lists ofNegligibly Reactive Volatile 

Organic Compounds (NRVOCs). The revisions adopted update the list ofNRVOCs so that the 

state list remains consistent with the federal list. Additionally because perchloroethylene will 

no longer be listed as a VOC in Regulation No.7, Section xn, Control ofVOC Emissions from 

Dry Cleaning Facilities using Perchloroethylene as a Solvent, is being deleted. 

Regulation No.8 and 3 list the federal Hazardous Air Pollutants (HAPs). In the June 8,1996 

Federal Register the EPA removed Caprolactam (CAS 105-6Q..2) from the federal list of 

Hazardous Air Pollutants. The conforming changes in Regulation No.3 Appendices B, C and 

D have been made to keep the list of federal HAPs in Regulation No. 3 consistent with the 

federal list. The list ofHAPs in Regulation No.8 has been removed and a reference to the list 

in Regulation No.3 has been added. 

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Specific Statutory Authority 

The Colorado Air Pollution Prevention and Control Act provides the authority for the Colorado 

Air Quality Control Commission to adopt and modify Regulations pertaining to organic 

solvents and photochemical substances. Section 25-7-109(2)(f) and 25-7-109(2)(g), C.R.S., 

grant the Commission the authority to promulgate regulations pertaining to organic solvents and 

photochemical substances. Sections 25-7-105(1){I)(b) and 25-7-109(2 )(b) provide authority to 

adopt emission control regulations and emission control regulations relating to HAPs 

respectively. The Commission's action is taken pursuant to authority granted and procedures 

set forth in sections 25-7-105, 25-7-109, and 25-7-II0,-C.R.S. 

Purpose 

These revisions to Regulations No.3, 7, 8 and the Common Provisions are intended to update 

the state lists ofNRVOCs, the Ozone SIP, and HAPs for consistency with the federal lists. 

IV. Adopted November 18, 1999 - Part C 

Incorporation by Reference ofNew and Revised Federal Regulations Concerning Compliance 

Assurance Monitoring (40 C.F.R. parts 64, 70, and 71) into Colorado Air Quality Control 

Commission Regulation No.3, Part C, Addition ofSection XIV. 

Background 

This Statement of Basis, Specific Statutory Authority and Purpose complies with the 

requirements ofthe Administrative Procedures Act, C.R.S. (1988), Sections 24-4-103(4) and 

(12.5) for adopted or modified regulations. 

Pursuant to Section 114 of the 1990 Clean Air Act Amendments ("CAAA"), the U.S. 

Environmental Protection Agency ("EPA") promUlgated new regulations in 40 C.F.R. part 64 

and revised regulations to 40 C.F.R. parts 70 and 71 to implement compliance assurance 

monitoring ("CAM'') for pollutant specific emission units at major stationary sources of air 

pollution that are required to obtain Title V operating permits. The requirements imposed by 

the CAM rule are separate from the requirements ofEPA's "periodic monitoring" rule found at 

40 C.F.R. Section 70.6(a)(3)(i). The periodic monitoring rule requires that each operating 

permit contain any emissions monitoring or test methods already required by an applicable 

requirement including any "periodic monitoring sufficient to yield reliable data from the 

relevant time period that are representative ofthe source's compliance with the permit ... such 

monitoring shall assure use ofterms, test methods, units, averaging periods, and other statistical 

conventions consistent with the applicable requirement" See 40 C.F.R. Section 70.6( a)(3)(i)(B) 

(emphasis added). 

Subject to certain exemptions, the new CAM regulations require owners or operators ofsuch 

sources to conduct monitoring that satisfies particular criteria established in the rule to provide a 

reasonable assurance of compliance with applicable requirements of the Act. Monitoring 

requirements contained in the rules focus on emissions units that rely on pollution control 

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equipment to achieve compliance with applicable standards. The CAM regulations also provide 

procedures for coordinating these new requirements with the Operating Permits Program 

regulations. 

The CAM regulation generally will not require implementation ofits requirements for most 

units subject to CAM until the first round ofTitle V permit renewals, which will generally be 

five years after initial Title V permit issuance. 

The foIJowing table reflects the schedule by which CAM plans must be submitted by owners 

and operators 0 fITted a ect emissIons urn 'ts: 

Pollutant Specific 	 CAM Plan Due as part CAM Plan Due as part CAM Plan Due as part 

Emission Unit (pSEU) 	 ofthe Operating ofthe Operating ofthe Operating 

Size 	 Permit INITIAL Permit REVISION Permit RENEWAL 

Application Application Application 

"Large" PSEU (see 40 	 IfTitle V permit Ifa significant permit IfTitle V permit 

C.F.R. Section 	 application is not revisionI at an existing application was 

64.5(a» 	 complete by 4/20/98 Title V source complete before 

OR ifPSEU part ofa 4120/98 

greenfield permit 

application after 

4120/98 

"Other" PSEU (see 40 	 Never Never Always 

C.F.R. Section 

64.5(b» 

In the event ofa significant proposed operating permit modification that may trigger the earlier 

application ofthe CAM rule, the rule's provisions only become applicable with respect to those 

pollutant specific emission units for which the proposed operating permit revision is applicable. 

See 40 C.F.R. Section 64.5(a)(2). 

Regulations to implement these CAAA mandates were originally proposed in 1993 as the 

"enhanced monitoring" program. The enhanced monitoring proposal focused onmonitoring air 

emissions as a means of ensuring source compliance with CAAA emission limitations and 

operating permit conditions. Major sources emitting either criteria pollutants or hazardous air 

pollutants would have been regulated under the program. The EPA received approximately 

2,000 comment letters to the enhanced monitoring proposal. In response to these comments and 

through a series ofstakeholder meetings, the agency decided to redesign the part 64 program. In 

1. "significant permit revision" is defined as "significant permit modification" in Colorado Air Quality Control 

Commission Regulation No.3, Part A, Section I.B.36.h. This definition is subject to change when the 

federal part 70 revisions are promulgated and adopted by the Colorado Air Quality Control Commission. 

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1995, the EPA promulgated a revised draft part 64 rule, which is now known as the CAM rule. 

The [mal CAM rule was promulgated on October 22,1997. 

The Commission heard testimony from members ofthe public who were concerned that the 

implementation ofthe rule would have the effect ofmaking existing applicable requirements 

more stringent. It is the Commission's understanding however that this is not the purpose nor 

should be the result ofimplementation ofthe CAM rule. In adopting the CAM rule byreference, 

the Commission does not intend that existing applicable requirements become more stringent. 

Authority 

Section 25-7-105(12), C.R.S. (1997) provides authority to promulgate regulations that are 

necessary to implement the minimum elements ofTitle V ofthe Clean Air Act. Section 25-7­

106(6), C.R.S. (1997) provides the Commission with the authority to require testing, monitoring 

and record keeping. Commission action in promulgating these regulations is taken pursuant to 

the above statutory provisions. The Commission is not adopting the CAM rule in this 

incorporation by reference as part ofthe Colorado State hnplementation Plan. For that reason, 

the provisions of Section 25-7-105.1 C.R.S. (1999) regarding federal enforceability do not 

apply. 

Pwpose 

Adoption by reference ofthe Federal CAM regulations contained in 40 C.F.R. part 64, and 

the revisions to 40 C.F.R. parts 70 and 71 make the regulations enforceable under Colorado 

law. Adoption ofthe regulations wilJ not impose upon sources additional requirements 

beyond the minimum required by Federal law, and may benefit the regulated community by 

providing sources with up-to-date information. 

I.W. Adopted November 15,2001 

Regulation No.3, Part B: Concerning Construction Permits, Including Regulations for the 


Prevention ofSignificant Deterioration 


This Statement ofBasis, Specific Statutory Authority and Purpose complies with the 

requirements ofthe Colorado Administrative Procedures Act, section 24-4-103, C.R.S., and the 

Colorado Air Pollution Prevention and Control Act, sections 25-7-110 and 25-7-110.5, C.R.S., 

and implements sections 25-7-105(17} and 25-7-212, C.R.S. 

The rule revisions adopted implement the provisions ofHouse Bill 99-1351. Regulation 3 

contains permitting, monitoring, reporting, visibility protection, and fee requirements. 

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Specific StatutOry Authority 

The Colorado Air Pollution Prevention and Control Act, section 25-7-105(17), CRS., provides 

the authority for the Commission to hold hearings to approve emission inventories related to state 

and federal lands. That subsection also directs the Air Pollution Control Division to prepare 

inventories for all state land management agencies with jurisdiction over state lands. Section 25­

7-212, c.R.S., requires federal land managers to develop a plan for evaluating visibility in 

mandatory class I federal areas and to provide to the state an emission inventory for pollutants 

that affect any mandatory federal class I area within ColoraOO. This section also directs the 

Commission to use the inventories to develop control strategies for reducing emissions within the 

state ofColorado as a primary component ofthe visibility long-term strategies. 

The Commission's action is taken pursuant to procedures set forth in sections 25-7-105, 25-7-110 

and 25-7-110.5, C.R.S. 

Pumose 

In general, lIB 99-1351 was intended to provide mechanisms for the state to develop information 

important to its efforts to protect and enhance visibility, particularly in mandatory federal class I 

areas. This bill specifies the types of information that must be reported, collected and approved 

for use in the state implementation plan. 

Federal agencies own and administer approximately 36 % ofthe land in Colorado. Accordingly, 

the federal government has jurisdiction over many sources of emissions within the state. The 

inventory information developed under this regulation will provide additional information 

needed regarding these emissions, as wen as those from similar state lands. 

The rule requires that all federal and state lands have emission inventories approved by the 

Commission by December 31, 2002 and at least every five years thereafter._The emission 

inventories must include emissions in both Colorado and other states that may affect visibility in 

mandatory federal Class I areas in Colorado. 

House Bill 99-1351 requires the first submittal ofinventory information by the federal land 

management agencies by December 31 t 200 I. The Commission anticipates that the affected 

federal land managers may rely upon regional inventory information to satisfy in part the 

requirements ofthis rule. The regional inventory development process is in its early stages. In 

addition, this hearing has been continued once: and accordingly this rule may not become 

effective before the statutory deadline: for the initial federal public lands emission inventory 

submittal. The Commission recognizes that this created uncertainty for the federal land 

managers. Nevertheless, the General Assembly established the deadline for submittal ofthe 

federal public lands inventory in 1999 and the: federal agencies have lrnown about this 

requirement for more than two years. 

The Commission anticipates that submittal ofthe regional emission inventory will provide 

enough information to reasonably meet the December 31, 2001 deadline. In order to ensure that 

inventories reflect the best information available, however, the Commission allowed the federal 

agencies an additional six months to provide supplemental information to fully meet the 

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requirements ofthis rule. Any such additional infonnation must be submitted to the Commission 

by July 1,2002. The Commission is to hold a public hearing on the inventories and approve 

them by December 31, 2002. This schedule will still allow sufficient time for the Commission to 

consider and approve, ifappropriate, the inventory infonnation submitted. 

The Commission believes that the emissions subject to the reporting requirements ofthis rule are 

in the order ofhundreds oftons per day of criteria pollutants and that this level ofemissions 

justifies application to federal and state land managers ofreporting requirements similar to those 

that apply to owners and operators of other large emissions sources. 

The Commission has the authority to exempt from the inventory requirements any sources or 

categories ofsources that it determines to be ofminor significance. This rule does not contain 

such an exemption because little is known about several ofthe source categories (e.g., biogenic 

sources). The Commission may consider at a later time whether such an exemption is 

appropriate based on additional infonnation that may be gathered. 

The Commission elected for the purposes ofthis regulation to define federal land management 

agencies as those agencies that own and manage at least 50,000 acres ofland in Colorado. The 

Commission intended to exempt agencies with relatively small amounts ofland (e.g., 

Department ofCommerce, Bureau ofReclamation) from having to prepare inventories. In the 

Commission's view, the benefit ofdeveloping infonnation relative to emissions from lands 

managed by smaller agencies did not justify the administrative burden and costs ofpreparing 

such emission inventories. 

The Division is required by the bill's provisions to provide an inventory of emissions from 

activities ofall state ofColorado land management agencies on state ofColorado lands that may 

affect visibility in Colorado's Class I areas. The inventory is to be delivered to the Commission 

by July 31, 2002 and at least every five years thereafter. 

There are several requirements in the statute that have not been included in the regulation as they 

are largely policy directives to the Commission and Division from the General Assembly 

The rule revisions adopted address the procedural mechanisms for accomplishing the mandatory 

requirements ofHouse Bill 99-135 L The Commission concludes that these rule revisions are 

adopted to implement prescriptive state statutory requirements, where the Commission is allowed 

no significant policy-making options, for the purposes of § 25-7-110.5, C.R.S. The Commission 

also concludes that it has no discretion under state law to adopt alternative rules that differ 

significantly from these revisions, for the purposes of § 25-7-110.8(1), C.R.S. Accordingly, the 

Commission did not include in the record some ofthe portions ofthe rulemaking prerequisites 

addressed in § 25-7-110.5, C.R.S. and did not make specific determinations regarding the factors 

listed in § 25-7-110.8(1), C.R.S. 

The Commission took into consideration the appropriate items enumerated in section 25-7­

109(1)(b), C.R.S. 

IX. July 18, 2002 

Statement ofBasis, Specific Statutory Authority, and Purpose 


Revisions to Regulation Number 3 


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This Statement ofBasis, Specific Statutory Authority and Pwpose complies with the 

requirements ofthe Colorado Administrative Procedure Act Sections 24-4-103(4) and (12.5), 

C.R.S. for new and revised regulations. 

Regulation No.3 sets forth the Air Quality Control Commission's permitting and air pollutant 

emission notice programs for stationary sources. The regulation is organized into four parts: 

Part A contains general provisions and the Air Pol1ution EInlssion Notice (APEN) program; Part 

B deals with major and minor source Construction Permits; Part C sets forth the Operating 

Permit program; and, Part D provides the statements ofbasis, specific statutory authority and 

purpose for revisions to the regulation. Changes have been made to each ofthese parts to clarify 

ambiguous language, eliminate duplicative or wmecessary provisions and to make the 

requirements more understandable and easier to read. Additionally, some substantive changes 

have been made to address inconsistencies between the regulation and state and federal law, to 

improve the permit program from an air quality protection perspective and to eliminate 

unnecessary burdens on the regulated community. Appendices B and C to the regulation were 

deleted because they were duplicative ofAppendix D. The majority ofthe revisions were 

proposed by the Air Pollution Control Division based on internal review and extensive 

discussions with interested parties. The Division's initial proposals were addressed at length 

during a subcommittee process involving the Commission, the Division, stakeholders and other 

interested parties. During this process, participants commented on the initial proposal and 

offered additional suggestions. The proposal presented to the Commission is a collaborative 

effort ofthe Division and interested stakeholders. 

Specific StatutOIT Authority 

The specific statutory authority for these revisions is set forth in various sections ofthe Colorado 

Air Pollution Prevention and Control Act ("Act''). Section, 25-7-105(1), C.R.S., gives the Air 

Quality Control Commission authority to promulgate rules and regulations necessary for the 

proper implementation ofthe Act, including regulations to assure attainment and maintenance of 

national ambient air quality standards, emission control regulations and a prevention of 

significant deterioration program. Section, 25-7-105(12), C.R.S., provides specific authority to 

establish, emission notice, construction permit and operating permit programs. Some ofthe 

statutory parameters for these programs are set forth in Sections 25-7-114, through 25-7-114.7 of 

the Act, and these sections in turn, provide statutory authority for the current revisions. 

Additional authority for these revisions is set forth in Section 25-7-106, C.R.S., in Section 25-7­

119, C.R.S., and in Section 25-7-132, C.R.S. 

Purpose 

A review ofthe previous Regulation No.3 revealed numerous stylistic, grammatical and 

formatting problems, language ambiguities and obsolete or duplicative provisions. These 

revisions are intended to update, clarify and streamline this regulation. Additionally, changes 

have been made to address developments in state and federa1law, to eliminate inconsistencies 

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between the regulation and state and federal law, and to improve the programs set forth in the 

regulation from an air quality perspective while eliminating or minimizing undue and 

unnecessary burdens on the regulated community. 

I. Part A Revisions 

Part A ofRegulation No.3 contains a definitional section and provisions that set forth the Air 

Pollution Emission Notice program and other general provisions relevant to the notice and permit 

programs. 

A. Definition Changes 

Numerous changes to the definition section were made. Primarily, these changes were designed 

to fix ambiguous language, to make the definitions more readable or to delete obsolete or 

duplicative definitions. For example, the defmition ofapplicable requirement was modified to 

clarify that it included construction pennit requirements that may have been modified during the 

operating permit process. This definition was always intended to include such modifications, but 

the old language failed to clearly explain that intent. Similarly, a change to the definition of 

major modification was necessary to clarify that the term included both physical changes and 

changes in the method ofoperation. The prior version omitted language resulting in an 

ambiguity regarding this intended meaning. Changes were made to the definition ofnet 

emissions increase to clarify that in calculating an increase or decrease of emissions, sources are 

not committed to use the emission numbers contained in an APEN. For example, when credible 

demonstrable evidence indicates a different amount ofactual emissions exists, this information 

can be used to demonstrate a net emissions decrease. The definition ofsignificant was also 

changed to clarify that the Prevention ofSignificant Deterioration (PSD) and New Source 

Review (NSR)-nonattainment area (NAA) programs do not apply to certain hazardous air 

pollutants. Specifically, the state PSD and NSRlNAA programs exempt those hazardous air 

pollutants that are exempt from the federal PSD and NSRlNAA programs pursuant to Section 

112(b)(6) ofthe Federal Act 

In addition to the clarifications, formatting and readability changes made to the definition 

section, a number ofdefinitions were added or modified to reflect deVelopments in federal law. 

For example, the Commission revised the definitions ofactual emissions and major modification 

to include special provisions governing physical or operational changes at electric utility steam 

generating units. These changes were necessitated by changes in the federal regulations arising 

out ofthe decision in the Wisconsin Electric Power Company ("WEPCO") case. The changes 

are applicable only to coal-fired electric utility steam generating units. Colorado law has required 

that NSR provisions be interpreted consistent with federal requirements since 1994 when the 

Colorado General Assembly enacted HB94-1264, Section 25-7-109, C.R.S. The WEPCO 

definitions have been added, consistent with EPA's regulations, in order to clarify the meaning 

and scope ofthe changes to the definitions of actual emissions and major modification. Units 

need not have obtained a formal applicability determination from the Division before proceeding 

with the physical or operational change, although doing so is at the risk ofthe source. Actual 

emissions levels may be determined from the information found in periodic APENs which 

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sources file pursuant to Regulation No.3, Part A., or from other credible information, such as 

data from continuous monitoring systems. The filings by sources in the past, such as APENs, 

have enabled the Division to track sources' emission increases and decreases in a manner 

consistent with the provisions in the WEPCO rule, therefore, the Commission believes this 

formal adoption should not impose a greater burden on sources in Colorado than they have 

historically experienced. The Commission notes that, consistent with the legislature's intent, the 

WEPCO provisions have been implemented by the Division in recent years. One example is the 

flexibility provided a change qualifying as a pollution control project. 

The definition ofmajor modification was further changed to restrict what constituted a temporruy 

activity. Under both the old and new regulations, temporary activities are not considered to be 

part ofa major stationruy source. The old definition could be read., however, to exclude activities 

that constituted temporary sources under the PSD program. Such sources are subject to certain 

limited PSD requirements, and could be classified as an exempt temporary activity resulting in an 

exemption from those limited requirements. The new version clarifies that only temporary 

construction or exploration activities are exempt, thus preserving the applicability ofthe PSD 

temporary source requirements. 

Under the definitions for major modification and major source, while emissions from temporary 

construction are not included in determining whether there is a major modification or source, 

emissions from ongoing construction are included. Several parties requested clarification as to 

what constitutes ongoing construction. Such a determination must be made on a case-by-case 

basis, but generally, construction lasting more than two years will be considered ongoing. 

At the suggestion ofthe regulated community, the definition ofcommenced construction was 

supplemented to identify the entire range ofpre-construction activities that may be undertaken 

without obtaining a construction permit. 

Provisions governing regulation ofnonroad engines have undergone a complete overhaul. In 

addition, the definition ofnonroad engines was moved from the APEN exemption provisions in 

Part A, section ll.D.l.sss., to the definition section ofPart A. The prior regulation (section 

U.D.l.sss.) exempted certain nonroad engines from APEN and permitting requirements, but 

provided that these exemptions did not apply where the engines would otherwise trigger PSD, 

NSR-NAA review or other applicable requirements. Since the promulgation ofthat regulation, 

Congress amended the federal Clean Air Act. These amendments, as interpreted by the D.C. 

Circuit Court ofAppeals, precluded the states from enacting emission control regulations for 

nonroad engines except under very restricted circumstances. The Court ofAppeals held, 

however, that states could enact use restrictions such as restrictions on the hours ofoperation or 

amount offuel usage. To address this situation, the regulated community requested that nonroad 

engines be specifically identified as non-stationruy sources, thus exempting them from most, if 

not all, ofthe requirements ofRegulation No.3. While agreeing that nonroad engines should not 

be treated as stationruy sources, the Division expressed a concern that a large aggregation of 

these engines might result in a violation ofambient air quality standards. To reconcile these 

conflicting concerns the regulatory revisions create a new state-only nonroad engine program for 

certain nonroad engines. 

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The Commission's authority to establish a nonroad engine program and to regulate the operation 

ofnonroad engines is set forth in 27-7-106(1) C.R.S., and through the legislative declaration in 

25-7-102 CR.S. Nonroad engines subject to the program must submit an APEN and pay 

appropriate APEN fees. Ifspecified emission levels are tripped in the APEN, the program further 

requires that the source obtain a temporary permit and pay applicable pennit fees. The pennit 

will include such use restrictions as are necessary to prevent an exceedance ofambient air quality 

standards. Nonroad engines that are mobile or self-propelled equipment such as bulldozers, haul 

trucks, water trucks, loaders, shovels, backhoes, road graders, cranes or similar mobile 

equipment are not subject to the state-only pennit program and are not required to obtain an 

APEN. 

Whether an engine qualifies as a nonroad engine as opposed to a stationary source will depend on 

the facts of a particular case. To qualify as a nonroad engine under Regulation No.3, Part A, 

Section IB.40.ajii., the engine must be portable. What constitutes portable will be determined on 

a case-by-case basis. Additionally, such portable engines lose their status as nonroad engines if 

they remain at a location for more than twelve consecutive months. The regulation narrowly 

defines location such that use ofa portable engine at multiple sites at a given source does not 

constitute use at a single location. This provision, however, is not intended to allow a source to 

circumvent the regulation by moving a given engine for the purpose ofavoiding expiration ofthe 

twelve-month period. 

For sources that have voluntarily obtained pennits for a nonroad engine(s) as defined in 

Regulation No.3, Part A, Section IB.40., prior to the effective date ofthis rule revision. a source 

may continue to operate under the existing pennit. A modification or re-opening ofthe existing 

pennit will effectively subject a source to the requirements set forth in the nonroad engine stateonly pennit program (part A, Sections I.B.40.c. and I.B.40.d.) 

During the public hearing on this rulemaking, the Commission raised concerns regarding the 

flexibility and responsiveness ofthe new state-only nonroad engine permit program in emergency 

or other unforeseen situations. In these situations, it is an operator's obligation to file an APEN 

and obtain a state-only nonroad engine permit under Sections IB.40.c., and IB.40.d., prior to the 

exceedance ofany trigger level (i.e., hours ofoperation and/or emission limitation). This 

clarification is intended to increase program flexibility by ensuring that operators, including local 

and state government, will not be penalized when responding to emergencies and business 

planning conditions when such conditions subsequently trigger APEN and permit application 

requirements under the program. 

To enhance and foster program responsiveness, the Commission expects that the Division shall 

act to complete state-only nonroad engine pennit applications as expeditiously as possible. In 

addition, under the authority set forth in Section 25-7-114.5(5), C.R.S., the Commission has 

determined that state-only nonroad engine permit applications shall not be designated as pennit 

actions subject to public notice requirements. 

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B. Changes to APEN Program 

The Division proposed to add record keeping requirements to a number ofAPEN exemptions. 

The Commission did not adopt the specific record keeping language in Part A ofthe regulation. 

The intent ofthe Commission, however, is that sources should have records or other information 

sufficient to verify that an exemption from APEN requirements can be taken in accordance with 

the regulatory requirements. 

The Commission revised Section ll.D.4.a.(vi), deleting the solvent return opening size 

requirement for small remote reservoir cold solvent degreasers contained in Section 

ll.D.4.a.(vi)(A). The Commission also revised the emissions limit in Section ll.D.4.a.(vi)(C) 

from 350 pounds ofvolatile organic compounds per year to one ton of emissions per year. These 

changes were requested by industry based on the argument that the existing provision was 

specifically designed for one particular source and is not useful for the broader industry. While 

sources are no longer required to meet the solvent return opening provision in order to claim the 

exemption, they are subject to the requirements contained in Regulation No.7, Section X.B. 

Measurement ofthe throughput threshold for the fuel storage and dispensing equipment APEN 

Exemption in Section ll.D.l.ccc., was changed from a 3O-day average to an annual average. In 

addition, language was added to clarify that sources in the Denver ozone attainment-maintenance 

area must still utilize Stage 1 vapor recovery on all tanks with a capacity greater than 550 

gallons, as required by Regulation No.7. While ordinarily sources subject to other applicable 

requirements would be precluded from taking the exemption under the APEN and construction 

permit exemption catchall provisions, in this particular instance, it is the Commission's intent 

that sources may take this exemption providing that the Regulation No. 7 vapor recovery 

requirements are met. 

An APEN exemption for wet screening operations was added at Section I.D.I.cecc. Certain wet 

screening operations are subject to New Source Performance Standard (''NSPS'') Subpart 000. 

This federal requirement requires that such facilities comply with a zero visible emissions 

standard. Ordinarily, a source that is subject to a New Source Performance standard precludes 

the source from taking an APEN exemption pursuant to the catchall provision in Section ll.D.4. 

It is the Commission's intent that in this particular case, application ofNSPS Subpart 000 shall 

not prevent a wet screening operation from taking the exemption. 

A substantive change was made to the applicable de minimis levels for APEN exemptions in 

attainment and nonattainment areas. Under the prior regulation, ifan area was nonattainment for 

any pollutant the lower nonattainment de minimis levels applied for all pollutants. This has been 

revised so that the lower levels will only apply to the pollutants for which the area is not in 

attainment. 

The exemption for agricultural operations was changed to provide greater clarity and to be 

consistent with the requirements ofthe State Act. Conforming changes were also made to the 

agricultural exemption set forth in Part C. 

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Because Regulation No.3 and the Common Provisions Regulation under went contemporaneous 

review. the primary focus with respect to duplicative provisions was to eliminate duplications 

between the two regulations. Duplicative provisions that were on1y applicable to Regulation No. 

3 were deleted from the Common Provisions Regulation. Provisions applicable to mUltiple 

regulations remain in the Common Provisions and were deleted from Regulation No.3. Certain 

non-Regulation No.3 duplications were also addressed. A full review of all the Commission's 

regulations was not undertaken at this time. It is expected that there are additional duplications 

that should be addressed as other regulations are opened for revision. 

C. Fee Schedule Revisions 

The language governing the fee schedule for APENs and permit processing was simplified to 

provide that fees will be charged in accordance with the procedures and amounts set forth in the 

Act. This change alleviates the requirement ofrevising the regulation every time the statutory fee 

schedules change. 

D. Confidentiality Provisions 

The rules governing confidentiality ofdocuments submitted in connection with APENs and 

permit applications were changed to be consistent with the Act, and to clarifY ambiguities in the 

prior regulation. In addition, more specific provisions were added regarding the process involved 

in asserting confidentiality and determining whether documents are in fact confidential. Under 

the prior regulation, the evaluation ofconfidentiality claims was very ambiguous making it 

difficult for the Division to determine whether a document was confidential. and providing 

sources no guidance as to the steps they should take to ensure confidential treatment of 

documents. The new provisions clearly set forth the rules for claiming confidentiality and for 

evaluating such claims. This should benefit the Division and the regulated community by 

providing a clear understanding ofconfidentiality protections. 

Pursuant to the State Act, information submitted as part ofan air pollutant emission notice, 

Permit Application or Operating Permit reports is confidential on1y ifit relates to secret 

processes or methods ofmanufacture or production. This limitation is reflected in the revised 

regulation. In contrast, Section 25-7-111(4), C.R.S. provides that information obtained by the 

Division in connection with an enforcement action may be entitled to confidential treatment ifit 

constitutes a trade secret. The current regulatory revision is not intended to alter or affect the 

protections offered under Section 25-7-111(4), C.R.S. 

In cases where the Division determines that certain information is not subject to confidential 

treatment the revisions shorten the notification period from fifteen to three days. This change 

was made based on the statutory mandate in the Colorado Open Records Act requiring release of 

public records within three days after a request for such records. The notification period is 

intended to allow the source the opportunity to obtain judicial relief from the Division's 

determination under the State Administrative Procedures Act prior to release ofthe information. 

While it is recognized that the three-day notification period may make it difficult for a source to 

institute a timely action, the requirements ofCORA preclude a longer period. It is expected that 

Page 95 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 
!t:i2002 Wei) Publishing for the State of Colorado 25 CR 12, 12-02 Page 271 

All Rights Reserved 

the Division will take the steps necessary to provide actual notice to the source as soon as a 

determination is made, so that the source will have adequate time to protect its rights. 

ll. Part B Revisions 

The majority ofrevisions to Part B involve stylistic changes intended to improve the readability 

ofthe regulation. A small nwnber ofsubstantive revisions were made as described below. 

The provisions in Section IV.H., were changed to clarify the requirements for obtaining a final 

approval construction permit. The previous regulation required the source to demonstrate 

compliance with the initial approval construction permit. The Division was then required to 

conduct an inspection to determine compliance. Because an inspection during the initial 

approval period is not required by law, the new regulation makes the inspection discretionary. 

This provides necessary protections in those instances where an inspection may be needed. The 

provision was further modified to give the Division discretion as to whether to issue a final 

approval permit when there is a pending operating permit application. Requiring the issuance of 

a final approval permit was often an unnecessary step in situations where an operating permit 

would be issued shortly thereafter. To avoid confusion among sources when the Division elects 

not to issue a final approval construction permit, a notice will be provided to the source in 

writing. Similar flexibility was added to Section ID.D.6., in cases where a previously permit 

exempt source loses its exemption based on addition of new emission points. 

The prior regulation required submission ofan operation, maintenance, and record keeping plan 

with the construction permit application. This provision ignored the reality that such plans are 

difficult to provide until after the source has been constructed. The new regulation provides that 

these plans must be submitted prior to obtaining final approval. 

Significant changes were made to the post construction monitoring requirements for the PSD 

program. The changes were made to be consistent with the federal PSD regulations. The 

revisions provide flexibility to either require or waive post-construction monitoring. 

The revisions expand the provisions governing appeals ofconstruction permits. The prior 

regulation provided that a source could appeal the Division's decision to the Commission, but 

failed to identify the process for such an appeal. The revision provides that the appeal must be 

made within thirty days after the issuance ofthe permit, denial or revocation, and will be held in 

accordance with the general rules for adjudicatory hearings. A similar provision was also added 

in Part C at Section V.E. 

Section V.B. has been changed to reflect that the Black Canyon ofthe Gunnison has been 

reclassified as a National Park. The boundaries ofthis area remain the same, and there is no 

change in the classification ofthis area as Class I or Class ll. 

Revisions have been made throughout the regulation to address changes in areas from the 

nonattainment classification to the attainment/maintenance classification. A search ofthe 

regulation was conducted to identify those provisions that depended on the area being classified 

Page % 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5 
Page 272 

as nonattainment. When a requirement remains in place after the reclassification ofan area, the 

word nonattainment was changed to attainment/maintenance. Otherwise, no change was made. 

A substantive change was made to the applicable de minimis levels for permit exemptions in 

attainment and nonattainment areas. Under the prior regulation, ifan area was non attainment for 

any pollutant the lower nonattainment de minimis levels applied for all pollutants. This has been 

revised so that the lower levels will only apply to the pollutants for which the area is not in 

attainment to be consistent with a similar revision in Part A. 

m. Part C Revisions 

As with Parts A and B, the majority ofrevisions to Part C include changes to improve readability 

and to clarify ambiguous provisions. Revisions were made to Section D.E., to fix poorly worded 

language. The new provision more clearly explains when an insignificant activity exemption can 

be taken. In addition, changes in D.E., and to other sections regarding exemptions included in 

Part C were made to conform to exemptions in Part A and B. 

Provisions regarding the phase-in ofthe operating permit program were deleted since these 

provisions are now obsolete. 

Section ill.B.2., sets forth certain timing requirements with respect to submitting operating 

pennit applications. The prior regulation was unclear as to the new legal requirements for 

sources subject to the operating pennit requirement after start-up by operation oflaw. The 

revised provision clarifies that sources shall submit an application within twelve months ofthe 

effective date ofthe new requirements or at such other time specified in those requirements. The 

revisions also clarify that when a source subject to an operating permit is modified, an 

application to revise the permit must be submitted within twelve months ofthe modification. 

In the past, significant confusion has arisen when a source seeks an operating permit prior to 

obtaining a final approval construction permit under Part B. Revisions to Sections V.A., and 

IV.B.3., clarify the rules governing these situations. These revisions also conform to the changes 

made in Part B, Section IV.H. The flexibility given to the Division to issue an operating permit 

absent a final approval construction permit under Section V.A., is intended to apply regardless of 

whether the source has commenced operation ofthe emission unit(s) at issue. 

IV. Appendices 

Prior to this rulemaking, Regulation No.3 included four appendices: Appendix A, Method for 

Determining De Minimis Levels for Non-Criteria Reportable Pollutants; Appendix B, 1993 NonCriteria Reportable Pollutants; Appendix C, 1994 and Subsequent Years Non-Criteria Reportable 

Pollutants; and Appendix D, Non-Criteria Reportable Pollutants. This rulemaking deletes the 

original Appendix B and Appendix C because they are duplicative ofAppendix D. Appendix D 

has been revised to Appendix B in order to maintain continuity in the regulation. 

Page 97 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 

II) 2002 Weil Publishing for the Stale of Colorado 25 CR 12, 12-02 Page 273 

All Rights Reserved 

I.Y. October 17, 2002 

Statement ofBasis, Specific Statutory Authority and Purpose 


Revisions to Regulation No.3 


This Statement ofBasis, Specific Statutory Authority and Pwpose complies with the 

requirements ofthe Colorado Administrative Procedure Act Sections 24-4-103(4) and (12.5), 

C.RS. for new and revised regulations. 

Regulation No.3 sets forth the Air Quality Control Commission's permitting and air pollutant 

emission notice programs for stationary sources. Pursuant to its statutory authority, the 

Commission may exempt certain stationary sources from permitting and APEN requirements 

where emissions from such sources are deemed to be insignificant. The Commission is revising 

the exemptions for condensate and crude oil tanks and condensate and crude oil loading 

equipment to ensure that the exemptions apply only where the emissions are truly insignificant. 

Additionally. the Commission is revising the provisions designed to ensure that in exempting 

certain sources from APEN and permit requirements, the regulation does not allow sources to 

avoid other state and federal requirements. This revision clarifies when application ofother 

requirements prohibit sources from cJaiming exemptions. 

Specific Statutory Authority . 

The specific statutory authority for these revisions is set forth in various sections ofthe Colorado 

Air Pollution Prevention and Control Act ("Act"). Section, 25-7-105(1), C.RS.• gives the Air 

Quality Control Commission authority to promulgate rules and regulations necessary for the 

proper implementation ofthe Act, including regulations to assure attainment and maintenance of 

national ambient air quality standards, emission control regulations and a prevention of 

significant deterioration program. Section, 25-7-105(12), CoRS.• provides specific authority to 

establish, emission notice, construction permit and operating permit programs. Some ofthe 

statutory parameters for these programs are set forth in Sections 25-7-114.1. and 25-7-114.2 of 

the Act, including the authority to exempt certain sources from APEN and Permitting 

requirements. These sections in tum. provide additional statutory authority for the current 

revisions. 

Purpose 

1 Condensate Tanks and Truck Loading Equipment 

Revisions to the crude oil and condensate storage tank exemption in Part A, Section 

ll.D.1.ddd.and crude oil and condensate truck loading equipment exemption in Part A, Section 

n.D.1.ee., were proposed to address the issue offlashing emissions in condensate tanks. The 

exemptions, and a corresponding exemption in Part C, Section ll.E.3.ee. and ddd.• did not take 

flash emissions into account when the Commission initially adopted the exemption. The large 

quantity ofvolatile organic emissions that can be released during a flash event led to changes in 

Page 98 

CODE OF COWRADO REGULATIONS 5 CCR 1001-5 

Page 274 

the exemptions. Additionally, separate exemptions have been established for crude oil tanks and 

equipment and condensate tanks and equipment in recognition ofthe fact that flashing emissions 

from crude oil and condensate are significantly different. 

The Commission recognizes that in changing these exemptions a number oftanks and equipment 

that were previously exempt from APEN reporting, and therefore exempt from construction 

permitting requirements, will now be required to file APENs. The Commission does not believe, 

however, that these existing sources will now be required to obtain state construction permits, 

since such a requirement is triggered by construction or modification ofa source, and not by a 

change in a previously applicable exemption. If, however, tne tanks or equipment are modified 

after December 30, 2002, a construction permit will be required for the modification unless the 

tanks or equipment qualify under the revised APEN exemption or a construction permit 

exemption. During the revision process there was some discussion about what might constitute a 

modification that would trigger construction permit requirements. Based on the information 

provided to date, the Division and Commission do not currently believe that reworking ofan 

existing well would constitute a modification under the regulations. Additionally, sources 

subject to PSD, NSR-NAA and Title V permitting requirements are required to have such 

permits regardless oftheir exemption status. The Commission notes to permit applicants that 

this change becomes effective on the effective date ofthis regulation. 

In connection with these revisions, the Commission has also looked at the timing requirements 

set forth in Part A, Section ll.D.Ull., for submitting APENs and obtaining construction permits 

for tanks at crude oil and natural gas exploration and production sites. The Commission enacted 

this provision in 1993 to allow sources sufficient time to determine production levels before 

being required to submit APENs or construction permit applications. To affect this, Section 

ll.D.ll1. provided that APENs for oil and gas exploration and production operations were not 

required until 30 days after filing the well completion or recompletion report with the 

appropriate state or federal agency. Additionally. Part B, Section m.D.S. provided that 

applications for construction permits for such operations were due at the same time as the APEN 

filing. Based on discussions during the regulation revision process the Commission discovered 

that the well completion report must be filed before production levels can be determined and that 

the provision should have referenced the report of first production. Therefore, the Commission 

has revised Section n.D.l.1ll. to clarify and effectuate the intent ofthe 1993 revisions. 

The Commission also recognizes the definition ofcondensate that appears in the Common 

Provisions Regulation does not include reference to an API gravity and therefore could be read to 

include crude oil. It is the Commission's intent that for the purposes ofthese exemptions. as well 

as APEN reporting, condensate should only include hydrocarbon liquids that fit within the 

Common Provisions definition and that have an API gravity of40 degrees or above. The 

Commission anticipates revising the Common Provisions definition to more clearly reflect this 

intent the next time the Common Provisions regulation is opened for revision. 

Page 99 

5 CCR 1001-5 CODE OF COLORADO REGULATIONS 

© 2003 Wei! Publishing for the State of Colorado 26 CR 4, 4-03 Page 275 

All Rights Reserved 

11 APEN Catchall 

Changes to the APEN catchall in Part A, Section n.D.4. and the construction permit catchall in 

Part B, Section m.D.S., were significantly rewotked to add clarity. The pOor versions were 

somewhat unclear as to both the effect ofAPEN and permitting exemptions on other applicable 

requirements and when otherwise exempt sources would be required to file APENs. While the 

revisions minimaJly change tQe substantive requirements ofthe two catchall provisions the new 

language is intended to more clearly express these requirements. The new language clarifies that 

SOlB'Ces that are exempt from APEN and/or construction peanitting requirements are not, by 

virtue ofthat exemption, exempt from any other applicable requirements. Thus, for example, a 

soun:e that is exempt from APEN or penniUing requirements, must still comply with the 

Regulation No. 1 20% opacity $Dldard. Likewise, an APEN exempt emission point at a major 

soun:e is excused from paying APEN fees but may still need to be listed as an insignificant 

activity under the requirements ofthe Title V program. Additionally, where the emissions from a 

particular emission point would cause a source to avoid PSD, NSR-NAA or Title V information 

regarding that emission point cannot be omitted from any permit application, notwitbstandiDg the 

fact that the emission point standing alone might be exempt from APEN or Construction Permit 

requirements. 

The oommission also requires that ifthe potential to emit, taking into account full design rate and 

continuous operation, triggers PSD or NSR requirements. the source must submit an Air 

Pollutant Emission Notice and apply for the appropriate permit, or must apply for a pemri.t to 

limit the physical or operational capacity ofthe source such that the soun::e is not CODSid.ered to 

be a major source as defined in Section LB.59 ofPart A ofthis regulation. This Janguagc 

pnwiously appeared in the catcball~ but was relocated to this statement ofbasis. 

Finally, the revised catchall provisions subject certain emission points and S01m:es to APEN and 

Ccmstruction Peunit requirements notwithstanding the fact that such points and sources would 

otherwise be exempt. Souroes specifically identified in the applicability section ofany subpart of 

Part A ofRegulation No.6 (New Source Performance Standards), ollRcgu1ation No.8 

(Hazardous Air Pollutants), Parts A,c». and E. This provision allows the Division to keep track 

ofthese points aDd sources, and ensure that the requirements oftbese programs are being 

properly followed. h must be noted, however. that wet screening operatioas subject to the 

exemption set forth at Part A. Section D..D.l.cecc may claim exemptions notwithstanding the fact 

that such sources are subject to New Source Performance Standard ()(X). 

Page 100 

CODE OF COLORADO REGULATIONS 5 CCR 1001-5
Page 276 

STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY 


AND PURPOSE 


Revisions to Regulation No.3 


March 20,2003 


This Statement ofBasis, SpeCific Statutory Authority and Purpose complies with the 

requirements ofthe Colorado Administrative Procedure Act Sections 24-4-1 03(4} and 

(12.5), C.R..S. for new and revised regulations. 

Basis 

Regulation No.3 sets forth the Air Quality Control Commission's permitting and air 

pollutant emission notice programs for stationary sources. Pursuant to the statutory 

requirements set forth in § 24-4-12.S(d), C.R.S., the regulation must contain a statement 

that materials incorporated. by reference are available for review at any state publications 

depository library. While complying with the other requirements set forth in § 24-4-12.5, 

C.R.S., the most recently promulgated version ofRegulation No.3 did not include a 

statement that materials incorporated by reference are available at the state publications 

depository libraries. In reviewing the recently promulgated. revisions, Legislative Legal 

Services identified. this omission and informed the commission office on November 27. 

2002 that Regulation No.3 would be included. in a bill listing regulations that will sunset 

in May 2003, unless the required statement was included. To address this issue, the 

Commission has revised. Regulation No.3 to include the statement that materials 

incorporated by reference are available for review at any state publications depository. 

Spedfic Statutory Authority 

The specific statutory authority for this revisions is set forth in various sections ofthe 

Colorado Air Pollution Prevention and Control Act ("Actj as well as the State 

Administrative Procedure Act. Section, 25-7-1OS, C.R.S., gives the Air Quality Control 

Commission authority to promulgate rules and regulations necessary for the proper 

implementation ofthe Act, including regulations to assure attainment and maintenance of 

national ambient air quality standards. emission control regulations and a prevention of 

significant deterioration program. Some ofthe information necessary to implement 

provisions in the regulations is contained in previously published documents by the U.s. 

Environmental Protection Agency and other agencies. Rather than repeat all ofthe 

existing language in these documents., it is common practice to incorporate materials by 

reference. This belps reduce the length ofregulations and saves resources. Section, 24­

4-103 (12.S). C.R.S.• allows for incorporations by reference and requires that certain 

language be included. in all state regulations that incorporate materials by reference. 

Specifically, § 24-4-12.5( d). C.R.S. JeqUires that the Commission include the language 

adopted. in this revision in Regulation No.3. 

SCCRI001-S CODE OF COLORADO REGULATIONS 

e 2003 Well Publishing for the State ofColorado 26 CR 4, 4-03 Page 277 

All Rights Reserved 

Purpose 

The purpose ofthis proposed revision is to fully comply with section 244-103 (12.5) and 

to adequately inform readers that materials incorporated by reference are available at any 

state publications depository b"brary. This revision will also keep Regulation No.3 in 

existence and prevent a gap in the division's notice, collection offees and permitting 

authority. 

COWRADO AIR QUALITY CONTROL COMMISSION 

ADOPTED: March 20, 2003 

CODE OF COWRADO REGULATIONS 5 CCR 1001-5 


1Y. October 17~ 2002 

Statement ofBasis, Specific Statutory Authority and Purpose 


Revisions to Regulation No.3 


This Statement ofBasis, Specific Statutory Authority and Putpose complies with the 

:requirements ofthe Colorado Administrative Procedure Act Sections 24-4-103(4) and (12.5), 

C.R.S. for new and revised regulations. 

Regulation No.3 sets forth the Air Quality Control Commission~s permitting and air pollutant 

emission notice programs for stationary sources. Pursuant to its statutory authority, the 

Commission may exempt certain stationary sourees from permitting and APEN :requirements 

where emissions from such sources are deemed to be insignificant. The Commission is revising 

the exemptions for condensate and crude oil tanks and condensate and crude oil loading 

equipment to ensure that the exemptions apply only where the emissions are truly insignificant. 

Additionally, the Commission is revising the provisions designed to ensure that in exempting 

certain sources from APEN and permit requirements, the regulation does not allow sourees to 

avoid other state and federal :requirements. This revision clarifies when application ofother 

:requirements prohibit sourees from claiming exemptions. 

(...,; Specific StatutOry Authority . 

The specific statutory authority for these revisions is set forth in various sections ofthe Colorado 

Air Pollution Prevention and Control Act ("Act"). Section, 25-7-105(1), C.RS., gives the Air 

Quality Control Commission authority to promulgate rules and regulations necessary for the 

proper implementation ofthe Act, including regulations to assure attainment and maintenance of 

national ambient air quality standards, emission control regulations and a prevention of 

significant deterioration program. Section, 25-7-1 05( 12)~ C.RS., provides specific authority to 

establish, emission notice, construction permit and operating permit programs. Some ofthe 

statutory parameters for these programs are set forth in Sections 25-7-114.1, and 25-7-114.2 of 

the Act, including the authority to exempt certain sources from APEN and Permitting 

requirements. These sections in tum, provide additional statutory authority for the current 

revisions. 

Pmpose 

1 Condensate Tanks and Truck Loading Equipment 

Revisions to the crude oil and condensate storage tank exemption in Part A, Section 

ll.D.l.ddd.and crude oil and condensate truck loading equipment exemption in Part A, Section 

ll.D.l.ee., were proposed to address the issue offlashing emissions in condensate tanks. The 

exemptions, and a corresponding exemption in Part C, Section ll.E.3.ee. and ddd., did not take 

flash emissions into account when the Commission initially adopted the exemption. The large 

quantity ofvolatile organic emissions that can be released during a flash event led to changes in ,!. 

Page 98 
the exemptions. Additionally, separate exemptions have been. established for crude oil tanks and 

equipment and condensate tanks and equipment in recognition ofthe fact that flashing emissions 

from crude oil and condensate are significantly different. 

The Commission recognizes that in changing these exemptions a number oftanks and equipment 

that were previously exempt from APEN reporting, and therefore exempt from cons1mction 

permitting requirements, will now be required to file APENs. The Commission does not believe, 

however, that these existing sources will now be required to obtain state cons1mction permits, 

since such a requirement is triggered by cons1mction or modification ofa source, and not by a 

change in a previously applicable exemption. If, however, tlie tanks or equipment are modified 

after December 30, 2002~ a cons1mction permit win be required for the modification unless the 

tanks or equipment qualify under the revised APEN exemption or a cons1mction permit 

exemption. During the revision process there was some discussion about what might constitute a 

modification that would trigger cons1mction permit requirements. Based on the information 

provided to date, the Division and Commission do not cwrently believe that reworking ofan 

existing wen would constitute a modification under the regulations. Additionally, sources 

subject to PSD, NSR-NAA and Title V permitting requirements are required to have such 

permits regardless oftheir exemption status. The Commission notes to permit applicants that 

this change becomes effective on the effective date ofthis regulation. 

In connection with these revisions, the Commission has also looked at the timing requirements 

set forth in Part A, Section I1.D.I.lll., for submitting APENs and obtaining construction permits 

for tanks at crude oil and natural gas exploration and production sites. The Commission enacted 

this provision in 1993 to allow sources sufficient time to determine production levels before 

being required to submit APENs or cons1mction pennit applications. To affect this, Section 

I1.D.Ill. provided that APENs for oil and gas exploration and production operations were not 

required until 30 days after filing the well completion or recompletion report with the 

appropriate state or federal agency. Additionally, Part B, Section m.D.S. provided that 

applications for construction permits for such operations were due at the same time as the APEN 

filing. Based on discussions during the regulation revision process the Commission discovered 

that the well completion report must be filed before production levels can be determined and that 

the provision should have referenced the report offirst production. Therefore, the Commission 

has revised Section I1.D.1.11l. to clarify and effectuate the intent ofthe 1993 revisions. 

The Commission also recognizes the definition ofcondensate that appears in the Common 

Provisions Regulation does not include reference to an API gravity and therefore could be read to 

include crude oil. It is the Commission's intent that for the purposes ofthese exemptions, as well 

as APEN reporting, condensate should only include hydrocarbon liquids that fit within the 

Common Provisions definition and that have an API gravity of40 degrees or above. The 

Commission anticipates revising the Common Provisions definition to more clearly reflect this 

intent the next time the Common Provisions regulation is opened for revision. 

Page 99 
n. APEN Catchall 

Changes to the APEN catchall in Part Section n.D.4. and the construction permit catchall in 

Part B, Section m.D.5., were significantly reworked to add clarity. The prior versions were 

somewhat Wlclear as to both the effect ofAPEN and permitting exemptions on other applicable 

requirements and when otherwise exempt sources would be required to file APENs. While the 

revisions minimally change tqe substantive requirements ofthe two catchall provisions the new 

language is intended to more clearly express these requirements. The new language clarifies that 

sources that are exempt from APEN and/or construction pertnitting requirements are not, by 

virtue ofthat exemption, exempt from any other applicable requirements. Thus, for example, a 

source that is exempt from APEN or permitting requirements, must still comply with the 

Regulation No. I 20% opacity standard. Likewise, an APEN exempt emission poin~ at a major 

source is excused from paying APEN fees but may still need to be listed as an insignificant 

activity under the requirements ofthe Title V program. Additionally, where the emissions from a 

particular emission point would cause a source to avoid PSD, NSR-NAA or Title V information 

regarding that emission point cannot be omitted from any permit application, notwithstanding the 

fact that the emission point standing alone might be exempt from APEN or Construction Permit 

requirements. 

The commission also requires that ifthe potential to emit, taking into account full design rate and 

continuous operation, triggers PSD or NSR requirements, the source must submit an Air 

Pollutant Emission Notice and apply for the appropriate permit, or must apply for a permit to 

limit the physical or operational capacity ofthe source such that the source is not considered to 

be a major source as defined in Section lB.59 ofPart A ofthis regulation. This language 

previously appeared in the catchalls, but was relocated to this statement ofbasis. 

Finally, the revised catchall provisions subject certain emission points and sources to APEN and 

Construction Permit requirements notwithstanding the fact that such points and sources would 

otherwise be exempt. Sources specifically identified in the applicability section of any subpart of 

Part A ofRegulation No.6 (New Source Performance Standards), OR Regulation No.8 

(Hazardous Air Pollutants), Parts ~C,D, and E. This provision allows the Division to keep track 

ofthese points and sources, and ensure that the requirements ofthese programs are being 

properly followed. It must be noted, however, that wet screening operations subject to the 

exemption set forth at Part Section n.D.I.cccc may claim exemptions notwithstanding the fact 

that such sources are subject to New Source Performance Standard 000. 

Page 100 
OPINION OF THE ATTORNEY 


GENERAL 

. STAn: SERVlCES BUILDING STATE OF COLORADO 1525 Sherman Street - 5th Floor '-'SALA7AK Attorney 6eneral DEPARTMENT OF LAW DenVer Colorado 80203

CBRISTJNE M. A1tGllEUO Phone 303)8~SOO 

CbiefDeputy Attorney General FAX f303) 866-5691
 OFFICE OF THE ATTORNEY GENERAL 

ALAN J. GILBERT . Solicitor General 

OPINION OF THE ATIORNEY GENERAL RENDERED IN 


CONNECfION WITH THE RULES ADOPTED BY 


COLORADO AIR QUALITY CONTROL COMMISSION 


ON ocrOBER 17,2002 


CONCERNING REGULATION NO.3 ­

AIR CONTAMINANT EMISSIONS NOTICES 


[5 C.C.R. 1001-5] 


The.above-referenced rules were submitted to this office on October 17,2002, as required by 

§ 24-4-103, C.R.S. (2002). This office has reviewed them and finds no apparent 

constitutional or legal deficiency in their form or substance. 

(.; DATE: Z'f~ 2LnJ L­

STATE OF COLORADO 


Bill <>weas, Governor 

DoqIas H. Bcaevento, Executive Director 

COLORADOAQt QUALITY CONTROL COMMISSION iIIfp1Iwww~ state co as 

4300 Qeny CR:ck Drive South 

OED-OLRA-AS 

Deaver, Coloraclo 80246-1530 

fboae (303) 692·3100 Colorado Departmeat Fu (303) 691·1102 ofP.blic He.w. TOO (303) 691·7700 ad EaviroalDeat 

NOTICE OF FINAL ADOPTION 

PURSUANT to the provisions ofsections 25-7-105(1), 105.1(4), and 133.5(4), C.R.S. (1999) of 

the Colorado Pollution Prevention and Control Act. 

NOTICE IS HEREBY GIVEN that after a public rulemaking hearing October 17,2002, and in 


compliance with the requirements ofsections 25-7-105(1), 105.1(4), and 133.5(4), C.R.S. 


(1999), the Colorado Air Quality Control Commission made revisions to: 


Regulation No.3 - «Air Pollution Emission Notice Exemptions" 

The Commission adopted revisions to Regulation No.3 requirements for crude oil storage tank 

APEN exemptions, condensate storage tank APEN exemptions, and crude oil and condensate 

truck loading operations. The Commission also adopted revisions to modify' the language ofthe 

regulation at Part A, Section 11.0.4, regarding the exemption from the ability ofa source to take 

advantage oflisted APEN exemptions. 

This action was submitted to the Secretary ofState's Office within 20 days after adoption for 


publication in the Colorado Register, pursuant to 24-4-103(5) and (11)(d), C.R.S., and will 


become effective December 30,2002. Additionally, pursuant to 24-4-103(8)(d), C.R.S., within 


20 days after the date ofthe Attorney General's Opinion, this action will be submitted to the 


Office ofLegislative Legal Services for review. 


Dated this 17th day ofOctober, 2002 at Denver, Colorado. 

COLORADO AIR QUALITY CONTROL COM:MISSION 

, 

"